Description: Supreme Court Against the Criminal Jury : Social Science and the Palladium of Liberty, Paperback by Murley, John A.; Sutton, Sean D., ISBN 0739136224, ISBN-13 9780739136225, Like New Used, Free shipping in the US The Supreme Court against the Criminal Jury: Social Science and the Palladium of Liberty is an analysis of the United States Supreme Court decisions in what has come to be called the “jury-size” and “jury-decision rule” cases. In Williams v. Florida (1970) andBallew v. Georgia (1978), a majority of the Supreme Court looked to history, empirical studies, and functional analysis to support its claim that there was “no discernible difference” between the verdicts of juries of six and juries of twelve. In the process the Court also decided that the number twelve was an historical accident and that the twelve-member jury was not an essential ingredient of trial by jury. Two years later, the Court, following essentially the same line of reasoning used inWilliams, decided in the companion casesApodaca v. Oregon (1972) and Johnson v. Louisiana (1972) that defendants were as well served with juries that reached verdicts by a majority vote of 11-1,10-2 and 9-3 as they were with unanimous jury verdicts. In these cases the Supreme Court rejected the centuries old common law view that the unanimous jury verdict was an essential element of trial by jury. With these four decisions, the criminal jury as it had been known for more than six hundred years under the common law and the Constitution was in principle abandoned. We critique these decisions from the perspective of unreliable jury studies and the impact of these decision on jury nullification.
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Book Title: Supreme Court Against the Criminal Jury : Social Science and the
Number of Pages: 140 Pages
Language: English
Publication Name: Supreme Court Against the Criminal Jury : Social Science and the Palladium of Liberty
Publisher: Lexington Books/Fortress Academic
Publication Year: 2014
Subject: Jury, American Government / Judicial Branch, Political Ideologies / Communism, Post-Communism & Socialism, History & Theory, Political
Item Height: 0.4 in
Item Weight: 7.2 Oz
Type: Textbook
Subject Area: Law, Philosophy, Political Science
Author: Sean D. Sutton, John A. Murley
Item Length: 8.9 in
Item Width: 6.1 in
Format: Trade Paperback
