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Full-Text Articles in Law

Conscience And The Law: The English Criminal Jury, Robert C. Palmer Apr 1986

Conscience And The Law: The English Criminal Jury, Robert C. Palmer

Michigan Law Review

A Review of Verdict According to Conscience by Thomas Andrew Green


Juries On Trial: Faces Of American Justice, Nancy J. King Apr 1986

Juries On Trial: Faces Of American Justice, Nancy J. King

Michigan Law Review

A Review of Juries on Trial: Faces of American Justice by Paula DiPerna


The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert Jan 1986

The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert

Articles

My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …


Jury Discrimination, James Boyd White Jan 1986

Jury Discrimination, James Boyd White

Book Chapters

Jury discrimination was first recognized as a constitutional problem shortly after the CIVIL WAR, when certain southern and border states excluded blacks from jury service. The Supreme Court had little difficulty in holding such blatant racial discriminationinvalid as a denial of the equal protection of the laws guaranteed by the recently adopted Fourteenth Amendment. But, beyond such obvious improprieties, what should the principle of nondiscrimination forbid? Some kinds of ‘‘discrimination’’ in the selection of the jury are not bad but good: for example, those incompetent to serve ought to be excused from service, whether their incompetence arises from mental or …