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Full-Text Articles in Law
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Michigan Law Review
This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …
The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya
The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya
University of Michigan Journal of Law Reform
This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …
Multiple Petty Offenses With Serious Penalties: A Case For The Right To Trial By Jury, Christine E. Pardo
Multiple Petty Offenses With Serious Penalties: A Case For The Right To Trial By Jury, Christine E. Pardo
Fordham Urban Law Journal
This Note outlines the history and development of the petty offense exception and the Supreme Court's jury trial entitlement jurisprudence. In particular, it discusses the fundamental principle of gauging criminal seriousness by the length of a penalty as authorized by statute. This Note sets out the Circuit split and explains why the courts are divided on the aggregation issue. It argues that courts must aggregate maximum penalties for multiple petty offenses charged together to accurately reflect legislative determinations of criminal seriousness. It also criticizes the use of pre-trial sentencing stipulations to circumvent trial by jury when it would otherwise be …
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson
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