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Articles 1 - 13 of 13
Full-Text Articles in Law
Race And Recalcitrance: The Miller-El Remands, Sheri Johnson
Race And Recalcitrance: The Miller-El Remands, Sheri Johnson
Sheri Lynn Johnson
In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus …
Juror First Votes In Criminal Trials, Stephen P. Garvey, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman, Martin T. Wells
Juror First Votes In Criminal Trials, Stephen P. Garvey, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman, Martin T. Wells
Stephen P. Garvey
Our analysis of the voting behavior of over 3,000 jurors in felony cases tried in Los Angeles, Maricopa County, the District of Columbia, and the Bronx reveals that only in D.C. does a juror's race appear to relate to how he or she votes. African-American jurors in D.C. appear more apt to vote not guilty on the jury's first ballot in cases involving minority defendants charged with drug offenses. We find no evidence, however, that this effect survives into the jury's final verdict.
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 …
Court Of Appeals Of New York, Courtroom Television Network, Llc V. New York, Courtney Weinberger
Court Of Appeals Of New York, Courtroom Television Network, Llc V. New York, Courtney Weinberger
Touro Law Review
No abstract provided.
On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors As Amici Curiae In Support Of Respondent, Gregory P. Warger, V. Randy D. Shauers, Susan Crump, Bennett Gershman, Victor Gold, Paul F. Rothstein, Ben Trachtenberg
On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors As Amici Curiae In Support Of Respondent, Gregory P. Warger, V. Randy D. Shauers, Susan Crump, Bennett Gershman, Victor Gold, Paul F. Rothstein, Ben Trachtenberg
U.S. Supreme Court Briefs
Petitioner asks this Court to interpret Fed. R. Evid. 606(b) as permitting statements made by jurors during deliberations to be admitted to support a motion for a new trial. The practical consequences of petitioner’s rule would be significant and problematic, not only fundamentally altering the purpose and practice of voir dire, but also providing a new, fact driven, basis for post-trial motions. These expanded proceedings would place substantial additional burdens of courts, lawyers and jurors alike. In light of existing mechanisms to ensure juror honesty and impartiality, petitioner’s rule would disrupt a well-functioning system for little to no benefit.
Asking Jurors To Do The Impossible
Asking Jurors To Do The Impossible
Tennessee Journal of Law and Policy
No abstract provided.
Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter
Beyond The Verdict: Why The Courts Must Protect Jurors From The Public Before, During, And After High-Profile Cases, Scott Ritter
Indiana Law Journal
In a time when more and more criminal trials are saturated in news coverage, media outlets race to get as much information as possible to the public. That access to the criminal justice system is a right protected by the First Amendment. But where does the access stop? This Note explores those limits, and the intersection between the First and Fourth Amendments.
Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose
Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose
Faculty Scholarship
Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …
On Reading The Language Of Statutes (Book Review), Linda D. Jellum
On Reading The Language Of Statutes (Book Review), Linda D. Jellum
University of Massachusetts Law Review
Linda D. Jellum reviews Lawrence M. Solan, The Language of Statutes: Laws and Their Interpretation (The University of Chicago Press, Chicago, 2010), ISBN-13: 978-0-226-76796-3.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Juries And Prior Convictions: Managing The Demise Of The Prior Conviction Exception To "Apprendi", Nancy J. King
Juries And Prior Convictions: Managing The Demise Of The Prior Conviction Exception To "Apprendi", Nancy J. King
Vanderbilt Law School Faculty Publications
This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception to the rule in Apprendi v. New Jersey. It compiles options states have used for years to manage jury prejudice when proof of prior conviction status is required, including partial guilty pleas, partial jury waivers, bifurcation of the trial proceeding, stipulations, and rules limiting what information about the prior conviction may be admitted. These options belie the claim that the exception must be preserved to prevent jury prejudice against defendants. For courts and legislatures interested in anticipating …
Receptivity Of Capital Jurors To Mitigating Factors Of Mental Illness, Intellectual Disability, And Situational Impairments In Death Penalty Decisions : The Capital Trial Analyzed As A Mitigating "Weight And Counterweight" To Premature Decisions And Pro-Death Bias, Leona Deborah Jochnowitz
Legacy Theses & Dissertations (2009 - 2024)
This research presents aspects of juror receptivity to mitigating factors of mental, cognitive/intellectual and situational impairments in capital sentencing decisions. The study examined types of mental factors, as well as the gender of defendants, the aggravating nature of the crime and victim vulnerability. An exploratory cross-tabulation analysis evaluated the percentages and relationships between juror closed-ended CJP survey responses to mental sentencing factors and mental evidence presented at trial for 38 cases. While the sample size was too small in some cells for significance testing, the percentages demonstrated patterns. A detailed qualitative analysis of 12 cases with strong evidence of mental …
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge And Improve Decisionmaking, Sara Gordon
What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge And Improve Decisionmaking, Sara Gordon
All Faculty Publications
What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial—even jurors who consciously want to reach a fair and accurate verdict—are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …