JUSTICE DEMOCRACY AND THE JURYPDF电子书下载

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1 Justice and the Jury 1

The conventional view of the jury’s role 2

Clues to a different role 7

A four-stage process of adjudication 9

Jury justice 14

Reaching consensus 20

The hierarchy between law and justice 22

Conclusion 23

2 Doing Justice 27

The justice of the law 28

The justice of sanctions 30

The jury and legislative reform 33

The jury in a resisting role 35

The jury in an individualizing role 39

The justice of the criminal justice system 45

Heightening the jury’s sensitivity to the demands of justice 47

Conclusion 56

3 Judge versus Jury 61

The jury and its critics 61

A question of competency 66

The problem of bias 72

Corruptibility 77

The judge’s dilemma 79

The mathematical advantage of the jury 86

Fact-finding 87

The dialectics of deliberation 90

The synergism of the deliberations 92

Judge and jury decision-making compared 93

Conclusion 94

4 Democracy and the Jury 99

The nature of democracy 99

Democratic selection 102

Democratic deliberation 103

The democratic dividend 107

The jury as democratic determiners of the law 111

The democratization of the British jury 114

The democratization of the US jury 118

Democracy and the peremptory challenge 125

Conclusion 127

5 Justice versus Democracy 135

Peers and prejudice 136

Proportional representation 138

Democracy’s threat to justice 142

Conscience versus constituency 146

The primacy of justice 148

A balancing of biases 150

The dynamics of the democratic jury 153

Conclusion 158

6 The Selection and Training of Jurors 161

Impartiality 162

The relationship between knowledge and impartiality 163

The myth of the impartial juror 167

The search for impartial jurors 170

The role of the court in jury selection 180

Juror training 183

Conclusion 188

7 From the World of Law to the World at Large 193

The jury as process 194

Democracy in decline 200

Recapturing democracy 205

Learning from citizen’s juries 212

Reinventing representative government 218

Conclusion 223

Bibliography 227

Index 243

Index of Authors Cited 251

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