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Reviving the Jury: Active Juries, Juror Activism, and Institutional Change

Albert W. Dzur

in Punishment, Participatory Democracy, and the Jury

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199874095
eISBN:
9780199980024
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199874095.003.0007
Subject:
Political Science, Political Theory

How can the jury—or something like it—increase its standing within criminal justice? The American Bar Association and other organizations concerned about the jury’s decline have urged a “more active ... More


Democracy in the Court: Lay Contributions to Justice

Albert W. Dzur

in Punishment, Participatory Democracy, and the Jury

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199874095
eISBN:
9780199980024
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199874095.003.0005
Subject:
Political Science, Political Theory

As demonstrated in the previous chapter, a core strand of political thought emphasizes citizen attentiveness and attachment to the law as stabilizing and legitimating forces. To develop these points ... More


Against Jury Nullification

Andrew D. Leipold

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0025
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative case against jury nullification. It begins with an overview of the scope and costs of jury nullification before turning to the the wisdom of nullification. It ... More


Race-Based Jury Nullification: Black Power in the Criminal Justice System

Paul Butler

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0026
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative case for race-based jury nullification, with particular emphasis on the need for black power in the American criminal justice system. It argues that, for ... More


Pious Perjury in Scott's The Heart of Midlothian

Julia Simon-Kerr

in Subversion and Sympathy: Gender, Law, and the British Novel

Published in print:
2013
Published Online:
January 2013
ISBN:
9780199812042
eISBN:
9780199315888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812042.003.0006
Subject:
Literature, 19th-century and Victorian Literature

This chapter examines a legal norm that appears to empower women, arguing that in reality it imposes its own constricting demand for conformity: a woman may manifest strength and agency by refusing ... More


Mercy’s Decline and Administrative Law’s Ascendance

Rachel E. Barkow

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0030
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative discussion of the decline of mercy and the rise of the administrative state and the concepts of law that have emerged alongside it. It begins by charting the ... More


‘The Blood that Testifies’: The Jamaica Controversy in Jamaica

R. W. Kostal

in A Jurisprudence of Power: Victorian Empire and the Rule of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199551941
eISBN:
9780191714320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551941.003.0003
Subject:
Law, Constitutional and Administrative Law, Legal History

In January 1866, three British officials, two of them prominent lawyers, arrived in Kingston, Jamaica, to institute a Royal Commission of inquiry into the circumstances of the Morant Bay uprising and ... More


Jurors Can Control Their Emotions

Brian H. Bornstein and Edie Greene

in The Jury Under Fire: Myth, Controversy, and Reform

Published in print:
2017
Published Online:
February 2017
ISBN:
9780190201340
eISBN:
9780190201357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190201340.003.0012
Subject:
Psychology, Forensic Psychology

The law applies something of a double standard to emotion. There are some circumstances in which emotion should not figure into jurors’ decisions, and other circumstances in which it should. This ... More


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