基本説明
New in paperback. Hardcover was published in 2005.
Full Description
Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar
Contents
Chapter 1 Introduction: Ethical Foundations of the American Criminal Jury, John Kleinig, James P. Levine; Chapter 2 Ethical Reciprocity: The Obligations of Citizens and Courts to Promote Participation in Jury Service, Paula L. Hannaford-Agor, G. Thomas Munsterman; An Ethical Framework for Jury Selection: Enhancing Voir Dire Conditions, Julie E. Howe; Chapter 3 Jurors' Duties, Obligations, and Rights: The Ethical/Moral Roots of Discretion, Norman J. Finkel; Who's the We? Toward a Framework for Understanding and Evaluating Critiques of the American Jury, Adina Schwartz; Chapter 4 The Constitutional and Ethical Implications of "Must-Find-the-Defendant-Guilty" Jury Instructions, B. Michael Dann; When Ethics and Empirics Are Entwined: A Response to Judge Dann's Nullification Proposals, Shari Seidman Diamond; Chapter 5 Mercy and Morals: The Ethics of Nullification, Alan W. Scheflin; The Truth of Nullification: A Response to Professor Scheflin, Candace McCoy; Chapter 6 Jury Deliberation: Fair and Foul, Jeffrey Abramson; The Ethics of Jury Room Politics: A Response to Jeffrey Abramson, James P. Levine; Chapter 7 Ethics for the Ex-Juror: Guiding Former Jurors after the Trial, Nancy J. King; When Jurors Talk about Their Verdict, Neil Vidmar; Chapter 8 Jury Research Ethics and the Integrity of Jury Deliberations, Valerie P. Hans; What Price Knowledge? A Response to Professor Hans's Inquiry into the Ethics of Invading the Sanctity of the Jury Room, Maureen O'Connor;
