The Missing American Jury

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  • The Missing American Jury Book Detail

  • Author : Suja A. Thomas
  • Release Date : 2016-06-16
  • Publisher : Cambridge University Press
  • Genre : Law
  • Pages : 263
  • ISBN 13 : 1316666565
  • File Size : 76,76 MB

The Missing American Jury by Suja A. Thomas PDF Summary

Book Description: Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.

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The Missing American Jury

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Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries hav

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This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.

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First Published in 1988. More than 3 million Americans are called for jury duty every year. For most people, serving on a jury arouses two feelings: it is both

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"I owe a great debt to the many jurors, judges, lawyers, trial consultants, historians, and academics around the world from whom I have had the pleasure of lear