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A Historical and Comparative Perspective On the Common Law Jury

Neil Vidmar

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0001
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter outlines some of the central characteristics that differentiate jury systems. Topics discussed include the jury's role in democratic theory and practice, adversary procedure and the ... More


The Jury Elsewhere in the World

Neil Vidmar

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0013
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter considers jury systems in other parts of the world, focusing on jury systems that vest decision-making on guilt or negligence solely in the hands of the lay person members. Topics ... More


Reviving the Criminal Jury in Japan

Lester W. Kiss

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0010
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter 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 ... More


The Jury System in Contemporary Ireland: In the Shadow of a Troubled Past

John D. Jackson, Katie Quinn, and Tom O' Malley

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0008
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter focuses on the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive in Northern Ireland, and how it has managed ... More


The New Zealand Jury: Towards Reform

Neil Cameron, Susan Potter, and Warren Young

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0005
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter focuses on the jury system in New Zealand. Topics discussed include the history of jury trial in New Zealand, the availability of jury trial, juror selection in criminal trials, jury ... More


The Continuing Decline of the English Jury

Sally Lloyd-Bostock and Cheryl Thomas

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0002
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter begins with a historical look at the English jury, and then briefly places the jury and jury reform in the context of the English legal and political system. After outlining the limited ... More


The American Criminal Jury

Nancy Jean King

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0003
Subject:
Law, Comparative Law, Legal Profession and Ethics

The criminal jury, after its importation to North America by English settlers, evolved into a unique institution in the United States. Several prominent features of American law and culture have left ... More


Europe's New Jury Systems: The Cases of Spain and Russia

Stephen C. Thaman

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0009
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter focuses on the jury systems in Spain and Russia. The reintroduction of trial by jury in Russian (1993) and Spain (1995) is interesting for two reasons. First, it is a surprising reversal ... More


Criminal Trial Juries in Australia: From Penal Colonies to a Federal Democracy

Michael Chesterman

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0004
Subject:
Law, Comparative Law, Legal Profession and Ethics

Along with various other English social, cultural, and legal practices, the English model of trial by jury was adopted in each of the Australian colonies at a relatively early stage of its ... More


The Canadian Criminal Jury: Searching for a Middle Ground

Neil Vidmar

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0006
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter discusses the history of the Canadian jury and develops a profile of the Canadian jury today. It argues that the Canadian system is both conservative and progressive. It exhibits ... More


The Scottish Criminal Jury: A Very Peculiar Institution

Peter Duff

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0007
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter focuses on the Scottish criminal jury. Specifically, it discusses the origins of the Scottish criminal jury and the incidence of jury trial. It shows that the Scottish jury has existed ... More


The Civil Jury in America

Stephan Landsman

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0011
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter addresses questions regarding the function of the modern jury. These include why juries have been given so important a place in the judicial process, and how the jury ought to be ... More


‘Guardian of Civil Rights…Medieval Relic’: The Civil Jury in Canada

W. A. Bogart

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0012
Subject:
Law, Comparative Law, Legal Profession and Ethics

Despite broad public support, the civil jury in Canada exists in some jurisdictions in little more than name only, while it has been abolished in a few jurisdictions. Civil juries appear to be used ... More


What Needs to Be Changed?

Amy J. Posey and Lawrence S. Wrightsman

in Trial Consulting

Published in print:
2005
Published Online:
April 2010
ISBN:
9780195183092
eISBN:
9780199893454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183092.003.0010
Subject:
Psychology, Forensic Psychology

This chapter evaluates the contributions of litigation consultants to the functioning of the legal system. It offers conclusions about each of the several activities described in previous chapters. ... More


The triumph of experts over jurors: Justice in France since World War I

James M. Donovan

in Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries

Published in print:
2010
Published Online:
July 2014
ISBN:
9780807833636
eISBN:
9781469604404
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807895771_donovan.10
Subject:
Law, Legal History

This chapter discusses the destruction of the independent jury system in France which was laid by the Positivists of the pre-World War I era. It emphasizes that the liberals' abandonment of their ... More


The Jurors

Louise McReynolds

in Murder Most Russian: True Crime and Punishment in Late Imperial Russia

Published in print:
2012
Published Online:
August 2016
ISBN:
9780801451454
eISBN:
9780801465901
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451454.003.0004
Subject:
History, Russian and Former Soviet Union History

This chapter looks at the jury system in Russia. As they took an active part in interpreting laws and administering justice, Russian jurors—broadly conceived to include all who joined in the ... More


Institutional Design Capitalizing on the Intuitive Nature of Decision Making

Mark Lubell, Christoph Engel, Paul W. Glimcher, Reid Hastie, Jeffrey J. Rachlinski, Bettina Rockenbach, Reinhard Selten, Tania Singer, and Elke U. Weber

in Better Than Conscious?: Decision Making, the Human Mind, and Implications For Institutions

Published in print:
2008
Published Online:
May 2016
ISBN:
9780262195805
eISBN:
9780262272353
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262195805.003.0019
Subject:
Psychology, Social Psychology

What insights about institutional design can be gained when the processing of information is not always under conscious control? It might seem that the very purpose of most institutional efforts to ... More


Introduction

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/9780190201340.003.0001
Subject:
Psychology, Forensic Psychology

This introductory chapter provides a brief historical overview of the jury, including common criticisms and myths that have been prevalent over the years. It addresses the question of why the study ... More


Conscious and Nonconscious Cognitive Processes in Jurors’ Decisions

Reid Hastie

in Better Than Conscious?: Decision Making, the Human Mind, and Implications For Institutions

Published in print:
2008
Published Online:
May 2016
ISBN:
9780262195805
eISBN:
9780262272353
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262195805.003.0017
Subject:
Psychology, Social Psychology

How should we conceptualize the relationships between conscious and nonconscious processing in some important decisions? This question is addressed in the context of an institutionally significant ... More


Law-Community Agreement and Conflict, and Its Implications

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0017
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter first discusses how the criminal law does often agree with community intuitions, but it also often conflicts with lay judgments of justice. It builds on the discussion of the “utility of ... More


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