The Missing American Jury (häftad)
Häftad (Paperback)
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Cambridge University Press
1 b/w illus. 3 tables
229 x 152 x 14 mm
354 g
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23:B&W 6 x 9 in or 229 x 152 mm Perfect Bound on White w/Gloss Lam
The Missing American Jury (häftad)

The Missing American Jury

Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries

Häftad Engelska, 2016-06-30
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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 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 ofjuries world-wide andargues jury decision-making should be preferred over determinations by other governmental bodies.
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Recensioner i media

'I strongly recommend this book. Professor Thomas shares the importance of our jury system. It's a right that you never think you will need ... until you do.' Mark Cuban, entrepreneur, owner of the Dallas Mavericks, Shark Tank star

'I have a great deal of respect for the work of American jurors, who are often the unsung heroes in our justice system. Professor Thomas highlights a very real problem - as the number of jury trials declines in favor of ever more specialist judges and alternative procedures, justice may not always be best served.' David Boies, runner-up for Time magazine Person of the Year, lawyer in Bush v. Gore

'The Missing American Jury deserves attention from anyone concerned with the quality of civil and criminal justice in America today. Professor Thomas documents the decline in the use and power of criminal, civil, and grand juries and the adverse impact this has had on our processes of justice, and then presents a series of provocative proposals for restoring these juries to meaningful roles.' Wayne LaFave, Professor of Law, University of Illinois, author of Search and Seizure, cited by the US Supreme Court over 175 times

'Thought-provoking and exhaustive, Professor Thomas's book takes us to first premises - the core of the right to a jury trial and its undermining by the courts in decisions big and small. It is an important work, a must-read for lawyers, students, citizens, and most important, judges!' Nancy Gertner, former federal judge, Senior Lecturer in Law, Harvard University

'The Missing American Jury offers a compelling portrait of the disturbing decline of the American jury, and what can be done to save this cherished democratic institution ... Professor Suja Thomas brilliantly integrates historic and legal sources along with empirical research to demonstrate the causes of the jury's decline. She then proposes a range of innovations designed to restore the jury's power, including informing judges about the reasoning behind jury verdicts and enlightening jurors about plea offers and sentencing ... Anyone who cares about the future of trial by jury should read this book.' Valerie P. Hans, Professor of Law, Cornell University, co-author of American Juries: The Verdict

'[T]he author makes the case that the jury has lost the fundamental role and power accorded to it by the Constitution and the English common law tradition. She deems this problematic because the erosion of the jury affords additional - and unconstitutional - power to the judiciary, legislature, and administrative agencies, thereby skewing the balance of powers ... Not only does this veer from the original intent of the country's founders, but it also subverts the American justice system because jury trials have become less frequent, permitting judges to co-opt power previously reserved for juries ... judges, legislators, and agencies have interests that may prejudice the outcomes of cases, while juries avert such biases bec...

Övrig information

Suja A. Thomas is a professor of law at the University of Illinois College of Law. Her research on the jury has received extensive national attention.


1. The missing American jury: an introduction; Part I. The Jury Now: 2. The fall of the criminal, civil, and grand juries and the rise of the executive, the legislature, the judiciary, and the states; 3. The missing branch; Part II. The Future Jury: 4. Interpreting jury authority; 5. Restoring the jury; 6. Beyond the constitution: affirming a role for lay jurors in America's government and world-wide; 7. A branch among equals in American democracy: a conclusion.