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Justice, Democracy and the Jury

James J. GobertProfessor of Law and Dean, School of Law, University of Essex

ISBN13: 9781855212633

ISBN: 1855212633

Published: November 1997

Publisher: Routledge

Format: Hardback

Price: Out of print

Within this text, James Gobert looks at the role and function of the jury and the individual juror. He examines these from a number of perspectives: legal, historical, political, psychological and philosophical. The objective of the volume is to bring together the lessons to be gleaned from the various disciplines which have studied jury-related issues in an attempt to gain a deeper, fuller understanding of the jury. The American and British jury systems are compared in the book, but the comparative study does not extend to any further countries.

Contents:: Part 1 Justice and the jury: the conventional view of the jury's role; clues to a different role; a four-stage process of adjudication; jury justice; reaching consensus on a just verdict; the hierarchy between law and justice.; Part 2 Doing justice: the justice of the law; the justice of sanction; the jury and legislative reform; the jury in a resisting roll; the jury in an individualistic rawly; the justice of the criminal justice system; heightening the jury's sensitivity to the demands of justice.; Part 3 Judge versus jury: the jury and its critics; a question of competency; the problem of bias; corruptibility; the judge's dilemma; the mathematical advantages of the jury; fact-finding; the synergism and dialectics of jury deliberation.; Part 4 Democracy and the jury: the selection of a jury; the democracy of the jury; the democratic dividend; the jury as democratic determiners of the law; the democratization of the British jury; the democratization of US jury; democracy and the peremptory challenge; exemptions and excusals.; Part 5 Justice versus democracy: peers and prejudice; proportional representation; democracy's threat to justice; conscience versus constituency; the primacy of justice; a balancing of biases; the dynamics of the democratic jury.; Part 6 The selection and training of jurors: impartiality; the relationship between knowledge and impartiality; the myth of the impartial juror; the search for impartial jurors; the role of the court in the jury selection.; Part 7 From the world of law to the world at large: the jury as process; democracy in decline; recapturing democracy; citizens' juries in practice; learning from citizens juries; reinventing representative government.