Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Duke Law

Law and Contemporary Problems

Jury

Articles 1 - 28 of 28

Full-Text Articles in Law

Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas Apr 1999

Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas

Law and Contemporary Problems

Lloyd-Bostock and Thomas take a historical look at the English jury and place the jury and jury reform in the context of the English legal and political system.


The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar Apr 1999

The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar

Law and Contemporary Problems

Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.


The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff Apr 1999

The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff

Law and Contemporary Problems

Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.


The Civil Jury In America, Stephan Landsman Apr 1999

The Civil Jury In America, Stephan Landsman

Law and Contemporary Problems

Landsman explores several questions about the function of the modern civil jury in America, including why juries have been given so important a place in the judicial process and how the jury ought to be constituted to carry ought its work.


Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman Apr 1999

Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman

Law and Contemporary Problems

The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.


“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart Apr 1999

“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart

Law and Contemporary Problems

Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.


The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young Apr 1999

The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young

Law and Contemporary Problems

In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.


The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley Apr 1999

The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley

Law and Contemporary Problems

Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.


Reviving The Criminal Jury In Japan, Lester W. Kiss Apr 1999

Reviving The Criminal Jury In Japan, Lester W. Kiss

Law and Contemporary Problems

Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.


Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman Apr 1999

Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman

Law and Contemporary Problems

Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.


The American Criminal Jury, Nancy Jean King Apr 1999

The American Criminal Jury, Nancy Jean King

Law and Contemporary Problems

King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.


Resolving Malpractice Disputes: Imaging The Jury’S Shadow, Thomas B. Metzloff Jan 1991

Resolving Malpractice Disputes: Imaging The Jury’S Shadow, Thomas B. Metzloff

Law and Contemporary Problems

The ability of juries to resolve malpractice suits was studied. Results showed that most of the time, jury outcomes represent a fair resolution of the claim, but the risk that the result will not be fair is real and troubling.


Juries And Justice: Are Malpractice And Other Personal Injuries Created Equal?, Randall R. Bovbjerg, Frank A. Sloan, Avi Dor, Chee Ruey Hsieh Jan 1991

Juries And Justice: Are Malpractice And Other Personal Injuries Created Equal?, Randall R. Bovbjerg, Frank A. Sloan, Avi Dor, Chee Ruey Hsieh

Law and Contemporary Problems

A study analyzed the civil jury system and the difference in personal injury awards between automobile and "deep-pocket" defendants, especially in medical malpractice cases. Six conclusions were reached, including the finding that juries sometimes respond emotionally and award some objectively similar cases higher damages than others.


Blindfolding The Jury, Shari Seidman Diamond, Jonathan D. Casper, Lynne Ostergren Oct 1989

Blindfolding The Jury, Shari Seidman Diamond, Jonathan D. Casper, Lynne Ostergren

Law and Contemporary Problems

No abstract provided.


Are Juries Competent To Evaluate Statistical Evidence?, William C. Thompson Oct 1989

Are Juries Competent To Evaluate Statistical Evidence?, William C. Thompson

Law and Contemporary Problems

No abstract provided.


Enhancing Juror Effectiveness: An Insurer’S Perspective, Judyth W. Pendell Oct 1989

Enhancing Juror Effectiveness: An Insurer’S Perspective, Judyth W. Pendell

Law and Contemporary Problems

No abstract provided.


Juries And Expert Evidence: Social Framework Testimony, Neil J. Vidmar, Regina A. Schuller Oct 1989

Juries And Expert Evidence: Social Framework Testimony, Neil J. Vidmar, Regina A. Schuller

Law and Contemporary Problems

No abstract provided.


Rethinking Criminal Joinder: An Analysis Of The Empirical Research And Its Implications For Justice, James Farrin Oct 1989

Rethinking Criminal Joinder: An Analysis Of The Empirical Research And Its Implications For Justice, James Farrin

Law and Contemporary Problems

No abstract provided.


The Aetna Article: A Comment, Stephen Daniels Oct 1989

The Aetna Article: A Comment, Stephen Daniels

Law and Contemporary Problems

No abstract provided.


On Juries And Damage Awards: The Process Of Decisionmaking, Edith Greene Oct 1989

On Juries And Damage Awards: The Process Of Decisionmaking, Edith Greene

Law and Contemporary Problems

No abstract provided.


Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn Oct 1989

Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn

Law and Contemporary Problems

No abstract provided.


The Jury’S Response To Business And Corporate Wrongdoing, Valerie P. Hans Oct 1989

The Jury’S Response To Business And Corporate Wrongdoing, Valerie P. Hans

Law and Contemporary Problems

No abstract provided.


Are Twelve Heads Better Than One?, Phoebe C. Ellsworth Oct 1989

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Law and Contemporary Problems

No abstract provided.


The Question Of Jury Competence And The Politics Of Civil Justice Reform: Symbols, Rhetoric, And Agenda-Building, Stephen Daniels Oct 1989

The Question Of Jury Competence And The Politics Of Civil Justice Reform: Symbols, Rhetoric, And Agenda-Building, Stephen Daniels

Law and Contemporary Problems

No abstract provided.


Eyewitness Expert Testimony And Jury Decisionmaking, Steven D. Penrod, Brian L. Cutler Oct 1989

Eyewitness Expert Testimony And Jury Decisionmaking, Steven D. Penrod, Brian L. Cutler

Law and Contemporary Problems

No abstract provided.


Jury Subornation Through Judicial Control, Robert G. Johnston Oct 1980

Jury Subornation Through Judicial Control, Robert G. Johnston

Law and Contemporary Problems

No abstract provided.


The Jury System In Death Penalty Cases: A Symbolic Gesture, Courtney Mullin Oct 1980

The Jury System In Death Penalty Cases: A Symbolic Gesture, Courtney Mullin

Law and Contemporary Problems

No abstract provided.


The Jury Redefined: A Review Of Burger Court Decisions, Marjorie S. Schultz Oct 1980

The Jury Redefined: A Review Of Burger Court Decisions, Marjorie S. Schultz

Law and Contemporary Problems

No abstract provided.