The Missing American Jury (Paperback) (ISBN-13: 9781316618035)

Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.

Author: Suja A. Thomas
ISBN-10: 131661803X
ISBN-13: 9781316618035
Publisher: Cambridge University Press
Language: English
Published: 06/30/2016
Pages: 262
Format: Paperback
Weight: 0.78lbs
Size: 9.00h x 6.00w x 0.55d

Review Citation(s):
Choice 01/01/2017
Library Journal 06/01/2016