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Full-Text Articles in Law
Jury Voting Paradoxes, Jason Iuliano
Jury Voting Paradoxes, Jason Iuliano
Michigan Law Review
The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these paradoxes have never been applied to jury decision making. In this Essay, I use the paradoxes to show that the special verdict’s vote-reporting procedures can lead judges to render verdicts that the jurors themselves would reject. This outcome constitutes a systemic breakdown that should not be tolerated in a legal system that prides itself on the fairness of its jury decision-making process. Ultimately, I argue that, because the general verdict with answers to written questions does …
Origin And Development Of The Directed Verdict, William Wirt Blume
Origin And Development Of The Directed Verdict, William Wirt Blume
Michigan Law Review
Recent decisions of the Supreme Court of the United States have aroused a new interest in the familiar motion for a directed verdict. In this discussion the writer will undertake a brief examination of the antecedents of the motion, and then will trace its short but significant history.
Constitutional Law-Exclusion From Juries On Grounds Of Race And Color-Scottsboro Case
Constitutional Law-Exclusion From Juries On Grounds Of Race And Color-Scottsboro Case
Michigan Law Review
A negro convicted of rape in one of the so-called "Scottsboro" cases moved to quash the indictment and the trial venire, alleging systematic exclusion of negroes from the grand and petit juries on the grounds of race and color. The trial court overruled the motions, and the Alabama Supreme Court sustained this decision, holding that the evidence failed to establish such exclusion. On certiorari to the United States Supreme Court, held, that the refusal to quash the indictment and trial venire was a denial of equal protection of the laws contrary to the Fourteenth Amendment, since the evidence on …