The Jury And Democracy

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The Jury and Democracy

Author : John Gastil
Publisher : Oxford University Press
ISBN 13 : 0199888531
Total Pages : 288 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Jury and Democracy by : John Gastil

Download or read book The Jury and Democracy written by John Gastil and published by Oxford University Press. This book was released on 2010-11-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexis de Tocqueville, John Stuart Mill, and the U.S. Supreme Court have all alleged that jury service promotes civic and political engagement, yet none could prove it. Finally, The Jury and Democracy provides compelling systematic evidence to support this view. Drawing from in-depth interviews, thousands of juror surveys, and court and voting records from across the United States, the authors show that serving on a jury can trigger changes in how citizens view themselves, their peers, and their government--and can even significantly increase electoral turnout among infrequent voters. Jury service also sparks long-term shifts in media use, political action, and community involvement. In an era when involved Americans are searching for ways to inspire their fellow citizens, The Jury and Democracy offers a plausible and realistic path for turning passive spectators into active political participants.

Justice, Democracy and the Jury

Author : James Gobert
Publisher : Routledge
ISBN 13 : 0429676093
Total Pages : 252 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Justice, Democracy and the Jury by : James Gobert

Download or read book Justice, Democracy and the Jury written by James Gobert and published by Routledge. This book was released on 2019-06-04 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack – on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.

We, the Jury

Author : Jeffrey B. Abramson
Publisher : Harvard University Press
ISBN 13 : 9780674004306
Total Pages : 356 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis We, the Jury by : Jeffrey B. Abramson

Download or read book We, the Jury written by Jeffrey B. Abramson and published by Harvard University Press. This book was released on 2000 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.

Punishment, Participatory Democracy, and the Jury

Author : Albert W. Dzur
Publisher : Oxford University Press
ISBN 13 : 0199874093
Total Pages : 232 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Punishment, Participatory Democracy, and the Jury by : Albert W. Dzur

Download or read book Punishment, Participatory Democracy, and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-09-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.

Why Jury Duty Matters

Author : Andrew G. Ferguson
Publisher : NYU Press
ISBN 13 : 0814729037
Total Pages : 252 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Why Jury Duty Matters by : Andrew G. Ferguson

Download or read book Why Jury Duty Matters written by Andrew G. Ferguson and published by NYU Press. This book was released on 2012-12-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Places the idea of jury duty into perspective, noting its importance as a constitutional responsibility, and describes ways in which the experience may be enriched.

Radical Enfranchisement in the Jury Room and Public Life

Author : Sonali Chakravarti
Publisher :
ISBN 13 : 022665429X
Total Pages : 159 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis Radical Enfranchisement in the Jury Room and Public Life by : Sonali Chakravarti

Download or read book Radical Enfranchisement in the Jury Room and Public Life written by Sonali Chakravarti and published by . This book was released on 2019 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.

Juries in the Japanese Legal System

Author : Dimitri Vanoverbeke
Publisher : Routledge
ISBN 13 : 1317487338
Total Pages : 286 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Juries in the Japanese Legal System by : Dimitri Vanoverbeke

Download or read book Juries in the Japanese Legal System written by Dimitri Vanoverbeke and published by Routledge. This book was released on 2015-04-10 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.

Open Democracy

Author : Hélène Landemore
Publisher : Princeton University Press
ISBN 13 : 0691212392
Total Pages : 272 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Open Democracy by : Hélène Landemore

Download or read book Open Democracy written by Hélène Landemore and published by Princeton University Press. This book was released on 2022-03-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the ancient Greeks, democracy meant gathering in public and debating laws set by a randomly selected assembly of several hundred citizens. To the Icelandic Vikings, democracy meant meeting every summer in a field to discuss issues until consensus was reached. Our contemporary representative democracies are very different. Modern parliaments are gated and guarded, and it seems as if only certain people are welcome. Diagnosing what is wrong with representative government and aiming to recover some of the openness of ancient democracies, Open Democracy presents a new paradigm of democracy. Supporting a fresh nonelectoral understanding of democratic representation, Hélène Landemore demonstrates that placing ordinary citizens, rather than elites, at the heart of democratic power is not only the true meaning of a government of, by, and for the people, but also feasible and, more than ever, urgently needed. -- Cover page 4.

The Australian Citizens’ Parliament and the Future of Deliberative Democracy

Author : Lyn Carson
Publisher : Penn State Press
ISBN 13 : 0271069074
Total Pages : 492 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis The Australian Citizens’ Parliament and the Future of Deliberative Democracy by : Lyn Carson

Download or read book The Australian Citizens’ Parliament and the Future of Deliberative Democracy written by Lyn Carson and published by Penn State Press. This book was released on 2015-06-29 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing numbers of scholars, practitioners, politicians, and citizens recognize the value of deliberative civic engagement processes that enable citizens and governments to come together in public spaces and engage in constructive dialogue, informed discussion, and decisive deliberation. This book seeks to fill a gap in empirical studies in deliberative democracy by studying the assembly of the Australian Citizens’ Parliament (ACP), which took place in Canberra on February 6–8, 2009. The ACP addressed the question “How can the Australian political system be strengthened to serve us better?” The ACP’s Canberra assembly is the first large-scale, face-to-face deliberative project to be completely audio-recorded and transcribed, enabling an unprecedented level of qualitative and quantitative assessment of participants’ actual spoken discourse. Each chapter reports on different research questions for different purposes to benefit different audiences. Combined, they exhibit how diverse modes of research focused on a single event can enhance both theoretical and practical knowledge about deliberative democracy.

Democracy in Motion

Author : Tina Nabatchi
Publisher : Oxford University Press
ISBN 13 : 019999613X
Total Pages : 336 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Democracy in Motion by : Tina Nabatchi

Download or read book Democracy in Motion written by Tina Nabatchi and published by Oxford University Press. This book was released on 2012-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the field of deliberative civic engagement is growing rapidly around the world, our knowledge and understanding of its practice and impacts remain highly fragmented. Democracy in Motion represents the first comprehensive attempt to assess the practice and impact of deliberative civic engagement. Organized in a series of chapters that address the big questions of deliberative civic engagement, it uses theory, research, and practice from around the world to explore what we know about, how we know it, and what remains to be understood. More than a simple summary of research, the book is designed to be accessible and useful to a wide variety of audiences, from scholars and practitioners working in numerous disciplines and fields, to public officials, activists, and average citizens who are seeking to utilize deliberative civic engagement in their communities. The book significantly enhances current scholarship, serving as a guide to existing research and identifying useful future research. It also has promise for enhancing practice, for example by helping practitioners, public officials, and others better think through and articulate issues of design and outcomes, thus enabling them to garner more support for public deliberation activities. In addition, by identifying what remains to be learned about public deliberation, practitioners and public officials may be inspired to connect with scholars to conduct research and evaluations of their efforts.

Punishment, Participatory Democracy, and the Jury

Author : Albert W. Dzur
Publisher : Oxford University Press
ISBN 13 : 0199874107
Total Pages : 288 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Punishment, Participatory Democracy, and the Jury by : Albert W. Dzur

Download or read book Punishment, Participatory Democracy, and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-08-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing contemporary democratic theory on the neglected topic of punishment, Punishment, Participatory Democracy, and the Jury argues for increased civic engagement in criminal justice as an antidote to the American penal state. Albert W. Dzur considers how the jury, rather than merely expressing unreflective public opinion, may serve as a participatory institution that gathers and utilizes citizens' juridical capabilities. In doing so, the book resists trends in criminal justice scholarship that blame increases in penal severity on citizen participation and rejects political theorists' longstanding skepticism of lay abilities. Dzur distinguishes constructive citizen involvement that takes responsibility for public problems from a mass politics mobilized superficially around single issues. This more positive view of citizen action, which was once a major justification for the jury trial, is now also manifest in the restorative justice movement, which has incorporated lay people into community boards and sentencing circles. Both jury trials and restorative justice programs, Dzur explains, are examples of rational disorganization, in which lay citizen action renders a process less efficient yet also contributes valuable qualities such as attunement, reflectiveness, and full-bodied communication. While restorative justice programs and participatory policy forums such as citizens' juries have become attractive to reformers, traditional juries have suffered a steep and troubling decline. Punishment, Participatory Democracy, and the Jury advocates a broader role for jurors in the criminal courts and more widespread use of jury trials. Though no panacea for a political culture grown too comfortable with criminalization and incarceration, participatory institutional designs that rationally disorganize punishment practices and slow down criminal justice can catalyze civic responsibility and public awareness about the need to find alternative paths forward for America's broken penal system.

Justice, Democracy and the Jury

Author : James Gobert
Publisher : Routledge
ISBN 13 : 9780367026677
Total Pages : 253 pages
Book Rating : 4.0/5 (266 download)

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Book Synopsis Justice, Democracy and the Jury by : James Gobert

Download or read book Justice, Democracy and the Jury written by James Gobert and published by Routledge. This book was released on 2020-05-03 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack - on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.

Twenty Million Angry Men

Author : James M. Binnall
Publisher : University of California Press
ISBN 13 : 0520379160
Total Pages : 288 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Twenty Million Angry Men by : James M. Binnall

Download or read book Twenty Million Angry Men written by James M. Binnall and published by University of California Press. This book was released on 2021-02-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, all but one U.S. jurisdiction restricts a convicted felon’s eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them? Twenty Million Angry Men provides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability.

Against Elections

Author : David Van Reybrouck
Publisher : Seven Stories Press
ISBN 13 : 1609808118
Total Pages : 208 pages
Book Rating : 4.6/5 (98 download)

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Book Synopsis Against Elections by : David Van Reybrouck

Download or read book Against Elections written by David Van Reybrouck and published by Seven Stories Press. This book was released on 2018-04-17 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: A small book with great weight and urgency to it, this is both a history of democracy and a clarion call for change. "Without drastic adjustment, this system cannot last much longer," writes Van Reybrouck, regarded today as one of Europe's most astute thinkers. "If you look at the decline in voter turnout and party membership, and at the way politicians are held in contempt, if you look at how difficult it is to form governments, how little they can do and how harshly they are punished for it, if you look at how quickly populism, technocracy and anti-parliamentarianism are rising, if you look at how more and more citizens are longing for participation and how quickly that desire can tip over into frustration, then you realize we are up to our necks." Not so very long ago, the great battles of democracy were fought for the right to vote. Now, Van Reybrouck writes, "it's all about the right to speak, but in essence it's the same battle, the battle for political emancipation and for democratic participation. We must decolonize democracy. We must democratize democracy." As history, Van Reybrouck makes the compelling argument that modern democracy was designed as much to preserve the rights of the powerful and keep the masses in line, as to give the populace a voice. As change-agent, Against Elections makes the argument that there are forms of government, what he terms sortitive or deliberative democracy, that are beginning to be practiced around the world, and can be the remedy we seek. In Iceland, for example, deliberative democracy was used to write the new constitution. A group of people were chosen by lot, educated in the subject at hand, and then were able to decide what was best, arguably, far better than politicians would have. A fascinating, and workable idea has led to a timely book to remind us that our system of government is a flexible instrument, one that the people have the power to change.

The Cambridge Handbook of Deliberative Constitutionalism

Author : Ron Levy
Publisher : Cambridge University Press
ISBN 13 : 1108307795
Total Pages : 398 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis The Cambridge Handbook of Deliberative Constitutionalism by : Ron Levy

Download or read book The Cambridge Handbook of Deliberative Constitutionalism written by Ron Levy and published by Cambridge University Press. This book was released on 2018-04-19 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

The American Jury System

Author : Randolph N. Jonakait
Publisher : Yale University Press
ISBN 13 : 0300129408
Total Pages : 372 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The American Jury System by : Randolph N. Jonakait

Download or read book The American Jury System written by Randolph N. Jonakait and published by Yale University Press. This book was released on 2008-10-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are juries selected in the United States? What forces influence juries in making their decisions? Are some cases simply beyond the ability of juries to decide? How useful is the entire jury system? In this important and accessible book, a prominent expert on constitutional law examines these and other issues concerning the American jury system. Randolph N. Jonakait describes the historical and social pressures that have driven the development of the jury system; contrasts the American jury system to the legal process in other countries; reveals subtle changes in the popular view of juries; examines how the news media, movies, and books portray and even affect the system; and discusses the empirical data that show how juries actually operate and what influences their decisions. Jonakait endorses the jury system in both civil and criminal cases, spelling out the important social role juries play in legitimizing and affirming the American justice system.

Control of the Laws in the Ancient Democracy at Athens

Author : Edwin Carawan
Publisher : JHU Press
ISBN 13 : 1421439506
Total Pages : 323 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Control of the Laws in the Ancient Democracy at Athens by : Edwin Carawan

Download or read book Control of the Laws in the Ancient Democracy at Athens written by Edwin Carawan and published by JHU Press. This book was released on 2020-12-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.