World Jury Systems

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ISBN: 9780198298564 | 0198298560
Cover: Hardcover
Copyright: 12/7/2000

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This volume presents in-depth coverage of the jury systems of Australia, England, Canada, New Zealand, the Republic of Ireland and Northern Ireland, Scotland, and the United States. Coverage includes civil as well as criminal juries. There is also a chapter on the newly revived criminal jury systems of Spain and Russia, and a chapter on potential revival of the jury system that once existed in Japan. Each chapter is authored by leading scholars who are intimately familiar with the jury system on which they write.

A Historical and Comparative Perspective on the Common Law Jury

(52)

Neil Vidmar

Introduction

(6)

The Jury's Role in Democratic Theory and Practice

(6)

Adversary Procedure and the Jury

(6)

Composition, Challenges, and Contempt: An Historical Perspective

(9)

Competence and Bias Issues

(1)

Challenges

(2)

Change of Venue

(1)

Special Juries

(4)

Jury Size and Verdict Rule

(1)

The Law of Contempt by Publication

(1)

Contemporary Juries: Comparative Issues Concerning Composition, Competence, and Impartiality

(13)

Representativeness

(2)

Jury Size

(1)

Decision Rule

(1)

Jury Sentencing

(1)

Challenges

(2)

Peremptory Challenges

(2)

Stand By Privileges

(1)

Contempt: The Mass Media and Jurors

(4)

Change of Venue

(1)

Stays of Proceedings: Temporary and Permanent

(1)

Jury Consultants

(1)

Judicial Control over the Jury

(5)

Summing Up

(1)

Form of the Verdict

(1)

Directed Verdicts and Judgment Notwithstanding the Verdict

(1)

Rulings on Admissible Evidence and Qualification of Experts

(2)

Juror Question Asking

(1)

Appellate Review of Verdicts

(1)

Other Factors Bearing on Jury System Differences

(6)

Substantive and Procedural Laws

(1)

Procedural Differences

(1)

Case Selection: Crimes, Prosecutorial Discretion, and Guilty Pleas

(1)

Sidebar Conferences

(1)

Radio and Television Coverage

(1)

Courtroom Culture

(1)

Lawyer Culture

(1)

A Partial Picture but an Important Start

(1)

The Continuing Decline of the English Jury

(40)

Sally Lloyd-Bostock

Cheryl Thomas

Introduction

(1)

Evolution of the English Jury

(3)

Legal and Political Context of the English Jury

(2)

The Scope of Jury Trial

(9)

The Jury in Civil Cases

(2)

The Jury in Criminal Cases

(6)

Juries in Fraud Cases

(1)

Selection for Jury Service

(4)

Jury Challenges

(4)

Stand-By for the Prosecution and Jury Vetting

(1)

The Experience of Being a Juror

(1)

Juries and Pre-Trial Publicity

(2)

Evidence and Instructions Heard by the Jury

(4)

The Influence of the Judge

(2)

The Verdict

(1)

`Questionable' Verdicts and Jury Nullification

(2)

Conclusion

(4)

The American Criminal Jury

(32)

Nancy Jean King

Introduction

(1)

The Criminal Jury in the New Nation

(2)

A Patchwork of Jury Laws: The Laws of the Federal Government, and of the Several States

(2)

The Right to a Jury Trial Under the Sixth Amendment and Local Variations

(7)

Jury Nullification

104

(4)

Jury Composition

108

(6)

The Criminal Jury Trial: An Empirical Snapshot

114

(4)

Publicity and the Jury

118

(2)

The Capital Jury: The American Death Penalty

120

(3)

Conclusion

123

(2)

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

125

(42)

Michael Chesterman

Introduction: History of Criminal Juries

125

(4)

Juries in the Australian Colonies of the Nineteenth Century

125

(2)

Federation, with a Constitutional Provision for Jury Trial

127

(2)

Use of Juries in Criminal Cases

129

(6)

Offences Arising Under the Common Law or Under a Statute of a State or a Territory

129

(3)

Commonwealth Offences

132

(3)

Determining Who Should Sit on a Jury

135

(18)

The Jury Should Be `Representative of the Community'

136

(2)

Exclusions from Jury Service

138

(1)

Challenging or `Standing Aside' Jurors

139

(2)

Jury Vetting

141

(3)

The Jury Should Be `Impartial'

144

(9)

The Question of Unanimity of Verdict

153

(2)

Division of Functions Between Judge and Jury

155

(4)

Appellate Review of Jury Verdicts

159

(3)

Acquittals

159

(1)

Convictions

160

(2)

Protection from Interference

162

(3)

Conclusion

165

(2)

The New Zealand Jury: Towards Reform

167

(44)

Neil Cameron

Susan Potter

Warren Young

Introduction

167

(1)

The History of Jury Trial in New Zealand

168

(9)

The Development of the Criminal Jury

168

(4)

The Civil Jury

172

(1)

Supreme/High Court Trial

172

(2)

The District Court

174

(1)

The Trial of Maori Cases

174

(3)

The Juries Act of 1981

177

(1)

The Availability of Jury Trial

177

(8)

Civil Trials

177

(2)

Criminal Trials

179

(4)

Jury Trial in Complex Cases

183

(2)

The Selection of Jurors in Criminal Trials

185

(13)

Eligibility for Jury Service

185

(1)

The Out-of-court Selection Process

186

(2)

Selection at Court

188

(2)

Challenge for Want of Qualification

190

(1)

Challenge for Cause

190

(1)

Peremptory Challenge

191

(2)

Maori Representation

193

(4)

Discharging Jurors

197

(1)

Jury Secrecy and the Inscrutability of Jury Verdicts

198

(3)

The Jury Trial Process

201

(5)

Hung Juries and Majority Verdicts

201

(2)

Assisting Jury Deliberations

203

(3)

Pretrial Publicity and Prejudice

206

(3)

Conclusion

209

(2)

The Canadian Criminal Jury: Searching for a Middle Ground

211

(38)

Neil Vidmar

Introduction

211

(6)

Profile of the Canadian Criminal Jury

217

(10)

The History of the Right to Jury Trial in Canada and the Scope of That Right

217

(2)

The Structure and Composition of the Jury and its Verdict

219

(3)

Jury Selection

222

(1)

Balancing Free Press and Fair Trial

223

(4)

Pretrial Prejudice and Procedural Remedies

227

(12)

Forms of Prejudice

228

(2)

Remedies for Prejudice

230

(1)

Judicial Instructions

230

(1)

Peremptory Challenges and Stand Asides

231

(2)

Challenges for Cause

233

(5)

Changes of Venue

238

(1)

Trial by Judge Alone

239

(1)

Controls on the Rest of the Trial Process

239

(5)

Duties of the Trial Judge

240

(1)

Expert Evidence

241

(1)

Crown Appeal of an Acquittal

242

(1)

Some Other Constraints

243

(1)

Aboriginal Peoples and the Jury System

244

(4)

Conclusion

248

(1)

The Scottish Criminal Jury: A Very Peculiar Institution

249

(34)

Peter Duff

Introduction

249

(1)

Origins and Background

249

(2)

The Incidence of Jury Trial

251

(30)

Jurisdiction

252

(3)

Citing and Empanelling the Jury

255

(2)

Questioning of Jurors and Challenge for Cause

257

(3)

Peremptory Challenge

260

(3)

Publicity Before and During the Trial

263

(2)

The Number of Jurors

265

(1)

Management of the Jury

266

(3)

The Majority Verdict

269

(3)

The Three Verdict System

272

(5)

Appeal: Perversity of Jury's Verdict

277

(2)

Appeal: Irregularity of Procedure and Prejudice

279

(2)

Conclusion

281

(2)

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

283

(36)

John D. Jackson

Katie Quinn

Tom O'Malley

Introduction

283

(1)

Origins and Development of Jury Trial in Ireland

284

(4)

The Constitutional Dimension: Jury Trial as a Constitutional Right

288

(14)

Jury Composition and Selection in Ireland

290

(4)

The Scope of the Right to Jury Trial in the Republic of Ireland

294

(3)

The Jury's Verdict and the Constitutional Guarantee

297

(1)

Juries, the Media, and Fair Trial

298

(4)

The Northern Ireland Jury and the `Troubles'

302

(12)

Suspension of the Jury

303

(6)

The Jury System in Ordinary Criminal Cases

309

(5)

Conclusion

314

(5)

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

319

(34)

Stephen C. Thaman

Introduction

319

(4)

Brief Historical Background

323

(2)

Jurisdiction of the Jury Court

325

(1)

Composition of the Jury Court

326

(1)

Preliminary Investigation and Preliminary Hearing in Jury Cases

327

(3)

The Trial

330

(18)

The Changing Roles of the Participants

330

(2)

Proceedings Preliminary to the Taking of Evidence

332

(1)

Pleas of Guilty

333

(1)

The Taking of the Evidence

334

(4)

The Role of Judge and Jury in Rendering Judgment

338

(6)

Deliberation, Verdict, and Judgment

344

(4)

Conclusion

348

(5)

Reviving the Criminal Jury in Japan

353

(28)

Lester W. Kiss

Introduction

353

(1)

Why the Debate about Trial by Jury?

354

(5)

The Jury System in Japan from 1928 to 1943

359

(4)

Types of Jury Systems

363

(3)

The Anglo-American Jury System

364

(1)

The Continental Mixed Court

365

(1)

Would a Jury System Work in Japan from a Cultural, Societal, and Legal Viewpoint?

366

(12)

Japanese Culture

366

(7)

Japanese Society

373

(3)

Japanese Legal System

376

(2)

Conclusion

378

(3)

The Civil Jury in America

381

(24)

Stephan Landsman

An Introduction---Texas Style

381

(3)

Why Do American Civil Juries Have So Much Power?

384

(2)

The Use of Juries in Civil Litigation Today

386

(1)

The Question of Jury Size

387

(2)

Selecting a Jury in a Civil Case---Voir Dire, Peremptory Challenges, and Jury Consultant Advice

389

(3)

Trying Civil Cases

392

(5)

Instructions to the Jury at the End of the Case

397

(2)

Verdict Forms and Special Verdicts

399

(1)

Jury Decisions---Unanimous or Not?

400

(2)

Postverdict Review

402

(1)

Conclusion

403

(2)

`Guardian of Civil Rights...Medieval Relic': The Civil Jury in Canadaw

405

(16)

W. A. Bogart

Introduction

405

(1)

The Availability of Civil Juries in Canada

406

(6)

A Brief History of Civil Juries

406

(1)

Conditions for Civil Trial by Jury

406

(1)

Judicial Attitudes Toward the Civil Jury

407

(4)

Academic Attitudes Toward the Civil Jury

411

(1)

Some Empirical Evidence: The Use and Cost of Civil Juries in Ontario

412

(3)

The Use of Civil Jury Trials in Ontario

413

(1)

Expense of Civil Jury Trials in Ontario

413

(1)

Experience of Jurors

414

(1)

Arguments About Civil Juries

415

(3)

Arguments Favouring the Civil Jury

415

(2)

Arguments Against the Civil Jury

417

(1)

Conclusion: Assessing the Arguments

418

(3)

The Jury Elsewhere in the World

421

(28)

Neil Vidmar

Introduction

421

(1)

The English Jury Exported to Other Colonies: A Historical Sketch

422

(6)

The `English' Jury on the Continents of Europe and South America: A Historical Sketch

428

(4)

Jury Systems at the Beginning of the Twenty-first Century

432

(14)

British Isles

432

(1)

Africa

433

(1)

Mediterranean Sea

434

(1)

Asia and the South Pacific

435

(2)

The Carribean

437

(5)

South and Central America

442

(2)

Contemporary Juries in Europe

444

(2)

Concluding Comment

446

(3)

Index

449

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World Jury Systems

Summary

Author Biography

Table of Contents

Supplemental Materials