The Criminal Jury Old And New

Author: John Hostettler
Publisher: Waterside Press
ISBN: 1904380115
Size: 17.34 MB
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The Criminal Jury Old And New from the Author: John Hostettler. This text looks at great historical, political, social and legal landmarks to show how the jury evolved to become a key democratic institution resisting attacks, pressure, interference, legal imperatives, and on occasion, apparently compelling law or evidence. Bridging past and present, the author conveys the unique nature of the jury, its central role in the administration of justice and its importance as a barrier to manipulation, oppression and abuse.

Choosing For Juries

Author: Nazim Ziyadov
Publisher: Maklu
ISBN: 9046605892
Size: 78.51 MB
Format: PDF, Docs
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Choosing For Juries from the Author: Nazim Ziyadov. Why do governments try to limit the application of jury trials, both in countries where jury trials are native and in countries that have more recently instituted them? This is a critical question today as government authorities are trying to limit the role of juries, especially when it comes to complex fraud cases, national security/terrorism cases, and cases where juries seem to have a propensity for high acquittal rates. Therefore, understanding how governments are promoting and constraining jury trials is important. This book analyzes the reasons that motivate governments to introduce jury trial practices and the factors that condition the role these types of trials play in the administration of criminal justice systems as a whole. The book's research derives its finding from the comparative analysis of criminal justice systems of the United Kingdom, the Russian Federation, and the Republic of Azerbaijan. It also assesses prospects of the application of jury trials in the Republic of Azerbaijan based on analysis of the criminal justice systems of countries where these practices already exist.

Sir William Garrow

Author: John Hostettler
Publisher: Waterside Press
ISBN: 1904380697
Size: 66.19 MB
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Sir William Garrow from the Author: John Hostettler. Sir William Garrow was born in Middlesex, England in 1760. He entered the legal profession and became the dominant figure at Old Bailey - London's Central Criminal Court - from 1783 to 1793. Later on, he was a Member of Parliament, a Solicitor-General, an Attorney-General, and, finally, a judge and a lawmaker within the English Common Law Tradition. Aside from BBC1 TV's prime-time drama series Garrow's Law, the story of Sir William Garrow's unique contribution to the development of English law and Parliamentary affairs is little known by the general public. This book tells the real story of the man behind the drama. Garrow dared to challenge the entrenched legal ways and means. His 'gifts to the world' include altering the relationship between judge and jury (the former had until then dominated over the latter in criminal trials), helping to forge the presumption of innocence, rules of evidence, and ensuring a general right to put forward a defense using a trained lawyer. He gave new m

The Supreme Court Against The Criminal Jury

Author: John A. Murley
Publisher: Lexington Books
ISBN: 0739136232
Size: 78.56 MB
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The Supreme Court Against The Criminal Jury from the Author: John A. Murley. 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) and Ballew 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 in Williams, decided in the companion cases Apodaca 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.

Thomas Erskine And Trial By Jury

Author:
Publisher:
ISBN:
Size: 36.72 MB
Format: PDF
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Thomas Erskine And Trial By Jury from the Author: . Thomas Erskine (1750-1823) was one of the greatest advocates ever to appear in an English court of law. As King's Counsel he was involved in many celebrated trials, including the prosecution of John Horne Took for seditious libel and of Queen Caroline for adultery. His other notable achievements include the successful defence of Thomas Paine's Rights of Man, which cost him the post of Attorney-General to the Prince of Wales. Erskine also served as Member of Parliament for Portsmouth and for just one year as Lord Chancellor. Latterly the First Baron Erskine, this book covers his controversial career and rise to high office. An ideal companion to Sir William Garrow (Waterside Press 2010). Reviews 'Almost 200 years after Thomas Erskine's death most barristers and solicitor advocates still aspire to his legendary oratorical and forensic skills. Those who are not familiar with the man would be well advised to read this biography without delay': Law Society Gazette 'This work is of more than historical interest. It shows how the advocate can affect the law, and by doing so, the constitution': Counsel 'Thomas Erskine was one of the bar's greatest names. Few however know this extraordinary story of the man who traced his way from poverty through the navy all the way to the bar and Parliament to the House of Lords and the Woolsack. John Hostettler's biography explores this astonishing man and his even more astonishing life': Litigation 'With eloquent invective Erskine mesmerized juries': Justice of the Peace Author John Hostettler is one of the UK's leading legal biographers. He was a practising solicitor in London for thirty-five years as well as undertaking political and civil liberties cases in Nigeria, Germany and Aden. His earlier books include several biographical and historical works and his books for Waterside Press include: * Sir William Garrow (2010); * The Criminal Jury Old and New; * Fighting for Justice -The History and Origins of Adversary Trial; * A History of Criminal Justice in England and Wales (2009); and * Hanging in the Balance - A History of the Abolition of Capital Punishment in Britain (with Dr Brian P. Block).

English Common Law In The Age Of Mansfield

Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 0807864005
Size: 64.11 MB
Format: PDF
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English Common Law In The Age Of Mansfield from the Author: James Oldham. In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

The Dearest Birth Right Of The People Of England

Author: John Cairns
Publisher: Bloomsbury Publishing
ISBN: 1847313264
Size: 69.71 MB
Format: PDF
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The Dearest Birth Right Of The People Of England from the Author: John Cairns. While much fundamental research in the recent past has been devoted to the criminal jury in England to 1800,there has been little work on the nineteenth century, and on the civil jury . This important study fills these obvious gaps in the literature. It also provides a re-assessment of standard issues such as jury lenity or equity, while raising questions about orthodoxies concerning the relationship of the jury to the development of laws of evidence. Moreover, re-assessment of the jury in nineteenth-century England rejects the thesis that juries were squeezed out by judges in favour of market principles. The book contributes a rounded picture of the jury as an institution, considering it in comparison to other modes of fact-finding, its development in both civil and criminal cases, and the significance, both practical and ideological, of its transplantation to North America and Scotland, while opening up new areas of investigation and research. Contributors: John W Cairns Richard D Friedman Joshua Getzler Roger D Groot Philip Handler Daffydd Jenkins Michael Lobban Grant McLeod Maureen Mulholland James C Oldham J R Pole David J Seipp

A World View Of Criminal Justice

Author: Richard Vogler
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754624677
Size: 25.14 MB
Format: PDF, Kindle
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A World View Of Criminal Justice from the Author: Richard Vogler. In an era of unprecedented change in criminal justice around the world, our failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. This book proposes a new theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'.