《JUSTICE DEMOCRACY AND THE JURY》求取 ⇩

1 Justice and the Jury1

The conventional view of the jury’s role2

Clues to a different role7

A four-stage process of adjudication9

Jury justice14

Reaching consensus20

The hierarchy between law and justice22

Conclusion23

2 Doing Justice27

The justice of the law28

The justice of sanctions30

The jury and legislative reform33

The jury in a resisting role35

The jury in an individualizing role39

The justice of the criminal justice system45

Heightening the jury’s sensitivity to the demands of justice47

Conclusion56

3 Judge versus Jury61

The jury and its critics61

A question of competency66

The problem of bias72

Corruptibility77

The judge’s dilemma79

The mathematical advantage of the jury86

Fact-finding87

The dialectics of deliberation90

The synergism of the deliberations92

Judge and jury decision-making compared93

Conclusion94

4 Democracy and the Jury99

The nature of democracy99

Democratic selection102

Democratic deliberation103

The democratic dividend107

The jury as democratic determiners of the law111

The democratization of the British jury114

The democratization of the US jury118

Democracy and the peremptory challenge125

Conclusion127

5 Justice versus Democracy135

Peers and prejudice136

Proportional representation138

Democracy’s threat to justice142

Conscience versus constituency146

The primacy of justice148

A balancing of biases150

The dynamics of the democratic jury153

Conclusion158

6 The Selection and Training of Jurors161

Impartiality162

The relationship between knowledge and impartiality163

The myth of the impartial juror167

The search for impartial jurors170

The role of the court in jury selection180

Juror training183

Conclusion188

7 From the World of Law to the World at Large193

The jury as process194

Democracy in decline200

Recapturing democracy205

Learning from citizen’s juries212

Reinventing representative government218

Conclusion223

Bibliography227

Index243

Index of Authors Cited251