Judging The Jury

Confronting readers with intellectual and moral dilemmas faced by real jurors, The Jury Crisis explores the near collapse of jury trials in America, examines alternative paths to justice and proposes how to restore trial by jury as the trusted foundation of American democracy.

This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.

Takes us inside the jury room in seven cases ; tells us how juries go wrong, and how this can be corrected.

When Princeton historian D. Graham Burnett answered his jury duty summons, he expected to spend a few days catching up on his reading in the court waiting room. Instead, he finds himself thrust into a high-pressure role as the jury foreman in a Manhattan trial. There he comes face to face with a stunning act of violence, a maze of conflicting evidence, and a parade of bizarre witnesses. But it is later, behind the closed door of the jury room, that he encounters the essence of the jury experience — he and eleven citizens from radically different backgrounds must hammer consensus out of confusion and strong disagreement. By the time he hands over the jury’s verdict, Burnett has undergone real transformation, not just in his attitude toward the legal system, but in his understanding of himself and his peers. Offering a compelling courtroom drama and an intimate and sometimes humorous portrait of a fractious jury, A Trial by Jury is also a finely nuanced examination of law and justice, personal responsibility and civic duty, and the dynamics of power and authority between twelve equal people.

In thirty-three chapters the most distinguished expert upon questioned documents gives his impressions of the mental operations of jurors upon the materials presented to them under our adversary system of litigation.

In the American judicial system, jurors hold an awesome responsibility. They have the power to grant millions of dollars in damages, to declare someone guilty or not guilty of a crime, and, in some states, to decide if another human being should live or die. The twelve real-life court cases presented here not only offer students a fascinating inside look at the court system, they give them the opportunity to step into the jury box and experience American justice in action. All the key factors of jury trials are discussed: expert witnesses, the allowance of certain kinds of evidence, claims of diminished capacity, and much more. Each case is followed by a series of interactive questions that test readers’ knowledge of the issues involved. And at the end of each chapter students will find out how the real jury decided—and why. As entertaining as it is educational, You’re the Jury offers a hands-on introduction to a unique aspect of the American legal system. Norbert Ehrenfreund has served as a judge for seventeen years in the Superior Court of California. Lawrence Treat is a founder and former president of the Mystery Writers of America, a three-time Edgar Allan Poe Award winner, and the author of the highly successful Crime and Puzzlement series.

Hastie, Reid and Steven D. Penrod, Nancy Pennington. Inside the Jury. Cambridge: Harvard University Press, 1983. viii, 277 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2002025963. ISBN 1-58477-269-7. Cloth. $95. * "A landmark jury study." Contemporary Sociology. An important statistical study of the dynamics of jury selection and deliberation that offers a realistic jury simulation model, a statistical analysis of the personal characteristics of jurors, and a general assessment of jury performance based on research findings conducted by reputed scholars in the behavioral sciences. "The book will stand as the third great product of social research into jury operations, ranking with Kalven and Zeisel's The American Jury and Van Dyke's Jury Selection Procedures." American Bar Association Journal.