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15 results

The Power of the Jury
  • The Power of the Jury
  • Transforming Citizens into Jurors
  • Nancy S. Marder
  • Coming soon
  • Expected online publication date: September 2022
  • Print publication: 30 September 2022
  • View description
    Offering an alternative view of the jury process, this book argues that each stage transforms ordinary citizens, who are oftentimes reluctant to serve on juries, into responsible jurors. Jurors, Professor Marder argues, are not found, but rather they are made and shaped by the jury process. This book analyzes each stage of this process, from initial summons to post-verdict interview, and shows how these stages equip jurors with experiences and knowledge that allow them to perform their new role ably. It adopts a holistic approach to the subject of jury reform and suggests reforms that will aid the transformation of citizens into jurors. By studying the jury from the perspective of jurors, it gives readers a better understanding of what takes place during jury trials and allows them to see juries, jurors, and the jury process in a new light.
  • 1 - Introduction
  • Edited by Sanja Kutnjak Ivković, Michigan State University, Shari Seidman Diamond, Northwestern University, Illinois, Valerie P. Hans, Cornell University, New York, Nancy S. Marder, Chicago-Kent College of Law
  • Book: Juries, Lay Judges, and Mixed Courts
  • Published online: 03 August 2021
  • Print publication: 29 July 2021, pp 1-22
  • View extract

    Summary

    Many countries around the globe rely on ordinary citizens, untrained in the law, to decide the guilt or innocence of their fellow citizens. Some countries use all-layperson juries, while others use mixed tribunals or mixed courts in which professional judges and lay citizens work together to decide a case. Still other countries use lay magistrates or lay judges working alone or on panels. This book provides a view of the different forms of lay participation and the ways in which they are evolving. It offers a comprehensive picture of how some countries have made recent and remarkable advances toward lay decision-making, while others have a long-standing form of lay participation that is well accepted in that country. Still other countries have faced challenges with lay participation and have opted for limiting the scope of lay legal decision-making or even abolishing it. The organization of this book illustrates that lay participation in a country is not fixed in stone; lay participation is being advanced, reinforced, or replaced in countries around the world. These shifting responses to lay participation suggest the prime importance of stepping back and taking a global perspective.

  • 14 - What Hollywood, USA, Teaches the World (Incorrectly and Correctly) about Juries
  • from Part IV - Global Perspectives on Lay Participation
  • Edited by Sanja Kutnjak Ivković, Michigan State University, Shari Seidman Diamond, Northwestern University, Illinois, Valerie P. Hans, Cornell University, New York, Nancy S. Marder, Chicago-Kent College of Law
  • Book: Juries, Lay Judges, and Mixed Courts
  • Published online: 03 August 2021
  • Print publication: 29 July 2021, pp 285-303
  • View extract

    Summary

    This chapter examines American jury films and what they teach the world about American juries. Some of the lessons they offer are instructive, but others do not comport with American juries in practice. One persistent and misleading message of jury films is that juries include a holdout juror, even though holdout jurors occur infrequently on actual juries. The most famous American jury film, 12 Angry Men, teaches this lesson; however, it also shows a jury that ultimately works hard to arrive at a responsible verdict, which is what most actual juries try to do. This film is enjoying an extraordinary renaissance; it is being remade into foreign versions across the globe. This chapter also explores how 12 Angry Men serves as a window into American juries; foreign remakes of it also provide a window into the aspirations of countries around the world.

Juries, Lay Judges, and Mixed Courts
  • Juries, Lay Judges, and Mixed Courts
  • A Global Perspective
  • Edited by Sanja Kutnjak Ivković, Shari Seidman Diamond, Valerie P. Hans, Nancy S. Marder
  • Published online: 03 August 2021
  • Print publication: 29 July 2021
  • View description
    Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.