Jury Ethics: Juror Conduct and Jury Dynamics

ISBN-13: 9781594511486 / Angielski / Twarda / 2005 / 308 str.

John Kleinig; James P. Levine

Opis

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

Spis treści

Prologue: Toward a Jurisprudence of Jury Ethics Introduction: Ethical Foundations of the American Criminal Jury 1.The Constitutional and Ethical Implications of "Must-Find-the-Defendant-Guilty" Jury Instructions 2. When Ethics and Empirics are Entwined: A Response 3. Ethical Reciprocity: The Obligations of Citizens and Courts to Promote Participation in Jury Service 4. Jurors' Duties, Obligations, and Rights: The Ethical/Moral Roots of Discretion 5. Jury Research Ethics and the Integrity of Jury Deliberations 6. Mercy and Morals: The Ethics of Nullification 7. The Truth of Nullification: A Response 8. Jury Deliberations: Fair and Foul 9. The Ethics of Jury Room Politics: A Response 10. Ethics for the Ex-Juror: Guiding Jurors after the Trial Epilogue: Looking Ahead

O autorze

John Kleinig, James P. Levine