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Journal articles on the topic 'Jury trials'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 March 2023

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1

Robertson, Christopher, and Michael Elias Shammas. "The Jury Trial Reinvented." Texas A&M Law Review 9, no. 1 (December 2021): 109–64. http://dx.doi.org/10.37419/lr.v9.i1.3.

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The Framers of the Sixth and Seventh Amendments to the United States Constitution recognized that jury trials were essential for maintaining democratic legitimacy and avoiding epistemic crises. As an institution, the jury trial is purpose-built to engage citizens in the process of deliberative, participatory democracy with ground rules. The jury trial provides a carefully constructed setting aimed at sorting truth from falsehood. Despite its value, the jury trial has been under assault for decades. Concededly, jury trials can sometimes be inefficient, unreliable, unpredictable, and impractical. The COVID–19 pandemic rendered most physical jury trials unworkable but spurred some courts to begin using technology to transcend time-and-place limitations. These reforms inspire more profound changes. Rather than abolishing or cabining the jury trial, it should be reinvented with the benefit of modern science and technology. Features to be reconsidered include having local juries even for national civil cases, using unrepresentative groups of only six to twelve jurors, allowing attorneys to arbitrarily exclude jurors during voir dire, having synchronous and chronological presentations of cases over days or weeks, asking jurors to ignore inadmissible evidence and arguments that arise during live trials, and relying on secretive deliberations infected by implicit bias. Several of these extant practices work to disenfranchise or disempower Americans along racial, gender, and economic lines, thereby undermining one of the jury’s core functions. Other features cause jurors to err in resolving cases accurately, which can sometimes mean the difference between life and death. A reinvented, modernized jury institution can better serve its purposes by increasing citizen engagement, better fostering civic education and democratic deliberation, improving accuracy in sorting truth from falsehood, and enhancing efficiency in terms of both time and cost.

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2

Насонов, Сергей, and Syergyey Nasonov. "THE EUROPEAN PROCEDURAL MODELS IN JURY TRIALS: JURY TRIAL IN BELGIUM (COMPARATIVE LEGAL RESEARCH)." Journal of Foreign Legislation and Comparative Law 2, no. 4 (September 5, 2016): 0. http://dx.doi.org/10.12737/21259.

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The article is devoted to the peculiarities of the procedural rules in the jury administered in Belgium in compliance with the Rules adopted in 1878 (with amendments of 2016) as a type of a European model procedure. These features are considered in the comparative legal aspect, in comparison with the same procedure that of the Russian CCP. The article notes that the requirements for candidates for jurors, enshrined in the Code of Criminal Procedure of Belgium, in general, are similar to the Russian requirements. The procedure of drawing up lists of candidates for jury service in Belgium has significant similarities with the Russian, as there is the absence of open (transparent) procedures, which is compensated by the publication of the lists. Features of the Belgian procedure of selecting the jury manifested in the establishment of the rule of gender proportions of the panel, which is not typical for the Russian legislation and practice. The proceeding in the jury trial in Belgium is an example of the continental type of this form of proceeding and its significant differences from the same procedure, enshrined in the Russian CCP are based on this factor. The presiding judge has broad discretion in the field of proving, as all questions set by the parties for interrogated persons are asked through him. The features of the judicial enquiry in jury in Belgium are: the presentation of an indictment and defense objections to the jury, the prohibition to the parties to put questions to the defendant, an extensive research of the personal information of the defendant before the jury. The article notes the specifics of the stages of putting the questions to jury, of charging the jury (the presiding judge don’t address the facts of the case), of the jury deliberations, as jury is obliged to motivate the verdict. The article suggests the possibility of the borrowing of the certain elements of the Belgian model of proceeding into a jury trial of the Russian legislation.

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3

Herzel, Leo, and Daniel Harris. "Contracting Out of Jury Trials." Journal of International Arbitration 6, Issue 1 (March 1, 1989): 41–55. http://dx.doi.org/10.54648/joia1989004.

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4

Kunstadt, R. M. "IP jury trials--trouble ahead?" Journal of Intellectual Property Law & Practice 9, no. 8 (April 30, 2014): 639–43. http://dx.doi.org/10.1093/jiplp/jpu072.

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5

Oldham, James. "The Law of Negligence as Reported in The Times, 1785–1820." Law and History Review 36, no. 2 (May 2018): 383–419. http://dx.doi.org/10.1017/s0738248018000032.

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Historically, the clear recognition by the courts that all adults in public intercourse owe a duty of reasonable care to avoid injuring others has been seen as an early nineteenth century development. Occasionally it is recognized that what is known about the emergence of the tort of negligence in English law comes almost entirely from the printed reports of civil (plea side) cases tried in the three common law courts (King's Bench, Common Pleas, and Exchequer). It was not until the 1790s that regular printed reports of jury trials (or nisi prius cases, as they were called) began, and even then, enlightenment from the nisi prius reports was limited. Most of those reports were sketchy, and very few included instructions given to the jury by the trial judge. More importantly, the reports covered only a small fraction of the jury trials that were conducted by the common law courts. The overwhelming majority of civil jury trials ended with the jury verdict (or an occasional nonsuit), with no post-trial proceedings, and what happened in many thousands of these plea-side jury trials in the late eighteenth and early nineteenth centuries has been something of a black hole in the historical record.

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6

Boginskaya, Olga. "The Simplification of Jury Instructions: Legal-Lay Interactions in Jury Trials." ESP Today 8, no. 2 (2020): 297–318. http://dx.doi.org/10.18485/esptoday.2020.8.2.6.

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7

Samuels, Alec. "Trials on Indictment without a Jury." Journal of Criminal Law 68, no. 2 (March 2004): 125–29. http://dx.doi.org/10.1350/jcla.68.2.125.29120.

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8

Samuels, Alec. "Trials on Indictment without a Jury." Police Journal: Theory, Practice and Principles 68, no. 2 (April 1995): 125–29. http://dx.doi.org/10.1177/0032258x9506800206.

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9

Hreno, Travis. "Necessity and Jury Nullification." Canadian Journal of Law & Jurisprudence 20, no. 2 (July 2007): 351–78. http://dx.doi.org/10.1017/s0841820900004240.

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Jury nullification refers to the behaviour of a jury that votes to acquit a defendant of criminal charges despite believing that: a) the defendant did in fact commit the actions with which she is charged; and, b) such actions are, indeed, prohibited by law. While there are many objections to this practice, the most striking thing about jury nullification is that nothing is done to actually prevent or punish jurors who behave this way. In this paper, I explore three rationales for why jury nullification is an officially tolerated, if not necessarily welcome, element of Anglo-American criminal law jury trials. All three of these rationales centre in one way or another on the idea that the very concept of a jury trial necessitates allowing the jury to extend its traditional purview in such a manner.

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10

Kinkeade, Ed. "Introduction to "Point-Counterpoint: Two Judges' Perspetives on Trial By Jury"." Texas Wesleyan Law Review 12, no. 2 (March 2006): 497–99. http://dx.doi.org/10.37419/twlr.v12.i2.1.

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Does justice suffer in a federal judicial system where trials are as scarce as buggy whips? Judge Patrick Higginbotham of the Fifth Circuit Court of Appeals views the disappearance of the jury trial as a crisis. U.S. District Judge Terry Means, on the other hand, views the jury trial as a natural.

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11

Herda, Alan N. "Willful Patent Infringement and the Right to a Jury Trial." Texas Wesleyan Law Review 9, no. 2 (March 2003): 181–220. http://dx.doi.org/10.37419/twlr.v9.i2.2.

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Part II of this Comment provides a brief background of jury trials in patent infringement suits. Part III explains why the right to a jury trial on willfulness is important. Part IV shows why the right exists by examining the results of the Seventh Amendment "historical test." Part V discusses the Federal Circuit's implicit recognition of the right to a jury trial on willfulness. Accordingly, Part VI shows why the right to a jury trial on the amount of increased damages does not exist.13 Part VII presents recommendations in light of the existence and nonexistence of these rights, respectively.

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12

Akhmedshin, Ramil L. "Jury as a Collection of Ephemical Ideas." Ugolovnaya yustitsiya, no. 16 (2020): 38–42. http://dx.doi.org/10.17223/23088451/16/8.

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To understand the expediency of the jury today, it is necessary to critically analyze its objectivity in general and in this country in particular. Unfortunately, the analysis of certain arguments demonstrates their demagogism and naivety, with outwardly intelligent and liberal form. Even a “well-chosen jury” does not always pass a full-fledged verdict, which negates the very idea of the jury. If an error is possible even in ideal conditions, there can be only one verdict – the jury is absurd by nature. The main problem in studying jury trials comes down to the fact that justifying the expediency of a jury trial often comes down to a set of absurdities and traditionally manipulative, not scientific reasoning. Unsurprisingly, politicians, attorneys for the defense, and philosophers support the jury, while law enforcement officials, psychologists, and sociologists consistently oppose it it. The belief in the positivity of jury trials as a social tool is based on the ideas of jury independence, objectivity, rationality, as well as implicit unrighteous judiciary authorities. The lack of equal access to the highly paid services of professional manipulators due to the different level of economic well-being casts deep doubt on the idea of jury objectivity and the jury in general. The strategy of influence developed and actively used by the parties to manipulate the jury undermines the idea of reasonableness of the jury. The lack of necessary information about the jury selection mechanism does not allow doubting or checking the independence of the jury. A jury trial is an objectively ineffective system, but even an ineffective system can be optimized in a number of ways. Thus, the jury can be obliged to pass a verdict only unanimously; the procedure for unmotivated jury challenge can be limited; the victim in the court session can be given a bigger role, probably through the introduction of the victim’s concluding speech before the defendant’s concluding speech; the jury must receive a sufficient number of photos and video materials that capture the consequences of the crime.

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13

Lee, John Sanghyun. "Transplanting Jury Trials in South Korean Legal Soils: Comparative Analysis with Jury Trials in the United States." Asian Journal of Criminology 11, no. 2 (March 17, 2016): 111–33. http://dx.doi.org/10.1007/s11417-015-9224-z.

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14

Kong, Young Ho. "Are the Jury Trials 'Vanishing' in Korea?" LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 31, no. 1 (June 30, 2020): 125–56. http://dx.doi.org/10.34267/cblj.2020.31.1.125.

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15

Callander, Isla. "Jury Directions in Rape Trials in Scotland." Edinburgh Law Review 20, no. 1 (January 2016): 76–82. http://dx.doi.org/10.3366/elr.2016.0324.

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16

Hildebrandt, Mireille, and Serge Gutwirth. "Public Proof in Courts and Jury Trials." Science, Technology, & Human Values 33, no. 5 (September 2008): 582–604. http://dx.doi.org/10.1177/0162243907306701.

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17

Biryukova, Olga. "Lay Participation: Schöffen Courts and Jury Trials." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2023, no. 1 (January 27, 2023): 59–65. http://dx.doi.org/10.21603/2542-1840-2023-7-1-59-65.

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Lay participation is an indicator of a democratic society. This article analyzes some traditional forms of lay participation in criminal proceedings, in particular, the Schöffen courts in Germany and jury trials in the UK, e.g., the main competencies of people's judges, staffing rules, etc. The author highlighted some general and special disadvantages, as well as those associated with the application of these forms in Russian criminal trials. The diachronic analysis of courts with people's assessors and jury courts revealed a number of differences and similarities. In Russia, Schöffen courts took place during the reign of Catherine the Great, as well as in the Soviet period; jurors participated in criminal trials in the second half of the XIX century and still do. The article also describes the current domestic legislation on lay participation in judicial proceedings.

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18

Unterman, Katherine. "Trial without Jury in Guam, USA." Law and History Review 38, no. 4 (June 26, 2019): 811–41. http://dx.doi.org/10.1017/s0738248018000627.

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This article adds to the growing literature about how the Supreme Court's decisions in the Insular Cases affected the residents of the U.S. territories. It focuses on the territory of Guam, which lacked juries in both criminal and civil trials until 1956–nearly sixty years after the island became a U.S. possession. Residents of Puerto Rico, Hawaii, and the Virgin Islands had limited jury trials, but Guam was left out due to its strategic military significance as well as racialized ideas about the capabilities of Chamorros, the native inhabitants of the island. This article recovers the struggle by Guamanians to gain jury trials. It argues that independence movements, like those in the Philippines and Puerto Rico, were not the only forms of resistance to American empire. Through petitions, court challenges, and other forms of activism, Guamanians pushed for jury trials as a way to assert local agency and engage in participatory democracy. For them, the Insular Cases were not just abstract rulings about whether the Constitution followed the flag; they deeply affected the administration of justice on the ground for ordinary Guamanians.

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19

Jackson, John D., and Sean Doran. "Addressing the Adversarial Deficit in Non-Jury Criminal Trials." Israel Law Review 31, no. 1-3 (1997): 645–89. http://dx.doi.org/10.1017/s0021223700015430.

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It is a curious quirk of legal scholarship that so much attention has been devoted to the rules and procedures that operate injury trials and so little to the way in which these rules and procedures operate in the vast majority of trials which are conducted without a jury. This “jury-centredness” as it has been called was noted almost thirty years ago by the American scholar Kenneth Culp Davis when he urged scholars and the legal profession to escape from the deep-seated habit of allowing all thinking about evidence law to be dominated by the needs of the 3% of trials that involve juries and to think instead about the needs of the remaining 97% of trials that are tried without a jury. It is certainly true that the withdrawal of the jury from many categories of cases throughout this century in many jurisdictions has not been accompanied by any instant changes in the law of evidence. Certain commentators have noted that in spite of Thayer's claim that the rules are the “child of the jury”, the rules of evidence have proved remarkably resilient in outlasting the demise of the jury. The parent may have ceased to exist in many legal proceedings but the child has lived on.

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20

Kovalev, Nikolai, and Alexander Smirnov. "The Nature of the Russian Trial by Jury." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 2 (April 11, 2014): 115–33. http://dx.doi.org/10.1163/15718174-22022043.

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This paper explores the legal and political role of the jury system in contemporary Russia. It aims to examine whether trial by jury is an essential right of Russian citizens (jurata patriae) or, rather, a prerogative of the state (raison d’état). The main focus of the paper is the analysis of the Russian Constitution and the jurisprudence of the Constitutional Court of the Russian Federation. In particular, the authors consider a recent majority decision of the Constitutional Court, which uphold the constitutionality of the law that abolished jury trials for terrorist, espionage and other crimes against the state.

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21

Abramson, Jeffrey. "The American Jury and Democratic Justice." Tocqueville Review 18, no. 2 (January 1997): 5–24. http://dx.doi.org/10.3138/ttr.18.2.5.

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Jury trials in the United States are unlike any others in the world. Nowhere else do juries, chosen from among ordinary citizens of the community, wield such extraordinary power independently of judges. And hence, nowhere else do jury trials betray the tensions inherent in the very ideal of democratic justice. The American jury is designed precisely to represent popular justice, and yet whoever said that justice is always popular? The American jury renders verdicts according to conscience, as well as law, sometimes nullifying laws thought unjust or unworthy of enforcement against particular defendants. But whoever said the conscience of the people is always pure or that reason rather than prejudice will direct acts of nullification?

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22

Robertshaw, Paul. "For Auld Lang Syne—Towards the Demise of the Jury?" Journal of Criminal Law 66, no. 4 (August 2002): 338–58. http://dx.doi.org/10.1177/002201830206600405.

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This article considers one chapter, on the jury, of the 12-chapter Criminal Courts Review Report, published following Auld LJ's review of the English criminal courts. Coverage of each of the topics in the article includes research proposals. First the appropriate size of the jury is addressed. Under the rubric of jury composition, reservations concerning disabilities are noted. The article then considers ethnic minority representation in detail. In the context of jury composition in serious fraud/complex trials a managerial experiment is proposed, together with four variants in the make-up of the jury. In the discussion on reasoned and perverse verdicts the approach of the Review is countered and two constructive alternatives are suggested. Similarly, the article puts forward a development in research method on jury deliberation, which was never within that considered by the Review. Finally, the jury trial is relocated in a constitutional framework and the article provides two perspectives on jury trial as a right, which under current circumstances should be settled by referendum.

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23

Horowitz, Irwin A. "The effect of jury nullification instruction on verdicts and jury functioning in criminal trials." Law and Human Behavior 9, no. 1 (1985): 25–36. http://dx.doi.org/10.1007/bf01044287.

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24

Wen, Tiffany. "The Impact of Covid-19 on Jury Selection: Virtual Jury Selection and its Commitment to Fair Trials by Jury." International Journal of Social Science Research and Review 5, no. 10 (October 7, 2022): 346–51. http://dx.doi.org/10.47814/ijssrr.v5i10.569.

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After jury selection interviews were moved online as a result of Covid-19, a requirement to even be considered for the jury included a stable internet connection. This research paper investigates how Covid-19 may have caused a difference in jury makeup and could impact the verdicts given in court, as well as how this might impact different groups when they are being tried without a diverse group of people who can offer new perspectives to the case at hand so that every defendant will have the right to a fair and speedy trial with a jury of their peers.

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25

&NA;. "The jury??s still out on randomised trials." Inpharma Weekly &NA;, no. 1162 (November 1998): 4. http://dx.doi.org/10.2165/00128413-199811620-00004.

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26

Baird, Douglas G. "The Seventh Amendment and Jury Trials in Bankruptcy." Supreme Court Review 1989 (January 1989): 261–82. http://dx.doi.org/10.1086/scr.1989.3109637.

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27

Nathan, S. D., and R. M. du Bois. "Idiopathic pulmonary fibrosis trials: recommendations for the jury." European Respiratory Journal 38, no. 5 (October 31, 2011): 1002–4. http://dx.doi.org/10.1183/09031936.00068611.

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28

Horan, Jacqueline, and Shelley Maine. "Criminal Jury Trials in 2030: A Law Odyssey." Journal of Law and Society 41, no. 4 (November 27, 2014): 551–75. http://dx.doi.org/10.1111/j.1467-6478.2014.00685.x.

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29

Anwar, S., P. Bayer, and R. Hjalmarsson. "The Impact of Jury Race in Criminal Trials." Quarterly Journal of Economics 127, no. 2 (April 17, 2012): 1017–55. http://dx.doi.org/10.1093/qje/qjs014.

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30

Lee, SangMok. "Plea bargaining: on the selection of jury trials." Economic Theory 57, no. 1 (January 21, 2014): 59–88. http://dx.doi.org/10.1007/s00199-014-0801-7.

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31

Diamond, Shari Seidman, and Mary R. Rose. "The Contemporary American Jury." Annual Review of Law and Social Science 14, no. 1 (October 13, 2018): 239–58. http://dx.doi.org/10.1146/annurev-lawsocsci-110316-113618.

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The contemporary American jury is more inclusive than ever before, although multiple obstacles continue to make racial and ethnic representation a work in progress. Drastic contraction has also occurred: The rate of jury trials is at an all-time low, dampening the signal that jury verdicts provide to the justice system, reducing the opportunity for jury service, and potentially threatening the legitimacy of judgments. At the same time, new areas of jury research have been producing important explanations for how the jury goes about reaching its verdict in response to challenging questions, like how to assess damages. Yet the persistent focus on individual juror judgments as opposed to decision making by the jury as a group leaves unanswered important questions about how jury performance is influenced by a primary distinctive feature of the jury: the deliberation process.

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32

Kupryashina, Elena A., Oksana S. Stepanyuk, Irina V. Savelieva, Vyacheslav E. Tonkov, and Evgeniy E. Tonkov. "Jury Trial as the Atavism of History." Journal of Politics and Law 10, no. 4 (August 30, 2017): 212. http://dx.doi.org/10.5539/jpl.v10n4p212.

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Based on comparative-legal analysis of the jury trials development in Russia and foreign countries, the authors have shown, that broadening of jury trials powers, resulted in remoteness from finding the truth in criminal cases. Concession of the jury's opinion priority over the professionalism of the judge and the evidences, received in the process of investigation, put in jeopardy the fairness and objectivity of the court's decision. As a result, the court, based on the avesty of justicejury's conclusions, is forced, in some cases, to make a travesty of justice.

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33

Kirk, David. "Fraud Trials: A Brave New World." Journal of Criminal Law 69, no. 6 (December 2005): 508–17. http://dx.doi.org/10.1350/jcla.2005.69.6.508.

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The management of long fraud trials has come under the spotlight again following the collapse of the Jubilee Line Extension case. Three major changes to fraud trials procedures are in the process of being introduced: the Lord Chief Justice's complex trials management protocol, a new offence of fraud (the Fraud Bill), and the removal of jury trial (implementing s. 43 of the Criminal Justice Act 2003). This article examines these initiatives and debates and considers whether they will improve the quality of justice.

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34

Mullender, Richard. "DEFAMATION, THE JURY AND THE PURSUIT OF JUSTICE." Cambridge Law Journal 60, no. 3 (November 21, 2001): 441–92. http://dx.doi.org/10.1017/s0008197301271190.

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In the law of defamation, the jury is “the constitutional tribunal” of fact (J.C.C. Gatley, Libel and Slander, 9th ed. (London 1998), pp. 889-890). The jury’s occupation of this position is usually traced back to Fox’s Libel Act 1792. While confined in terms to criminal trials, the 1792 Act is regarded as declaratory of the common law (see Sir Martin Nourse, “The English Law of Defamation-Is Trial by Jury Still the Best?”, in B.S. Markesinis (ed.), The Clifford Chance Lectures, vol. I, Bridging the Channel (Oxford 1996), ch. 4). One way in which to explain the jury’s role in defamation trials can be found in the ideal of institutional justice. This ideal specifies that institutions should, in order to be legitimate, adequately accommodate the views of those in the society where they operate (G. Cupit, Justice As Fittingness (Oxford 1996), ch. 5). There is, however, reason to regard defamation law’s commitment to institutional justice as qualified. Support for this view can be found in Grobbelaar v. News Group Newspapers Ltd. [2001] 2 All E.R. 437. In Grobbelaar, a unanimous Court of Appeal overturned a jury’s findings of fact on the ground that they were perverse and unreasonable. This decision appears ground-breaking since the Court was unable to point to domestic authorities in which the same step had been taken.

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35

Ryabinina, Tatyana K., and Daria O. Chistilina. "POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 41 (2021): 64–76. http://dx.doi.org/10.17223/22253513/41/6.

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The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

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36

Kenny, Stanley M. "“Loonies” and the Law: Jury Costs and the Lack of Civil Jury Trials In Canada." American Review of Canadian Studies 21, no. 1 (March 1991): 45–54. http://dx.doi.org/10.1080/02722019109481089.

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37

Crosby, Kevin. "Keeping women off the jury in 1920s England and Wales." Legal Studies 37, no. 4 (December 2017): 695–717. http://dx.doi.org/10.1111/lest.12169.

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The Sex Disqualification (Removal) Act 1919 ended the prohibition on female jurors. This did not mean that English and Welsh juries became representative institutions overnight, however: the property qualifications ensured that juries were still drawn from the top few per cent of the local population; and the 1919 Act expressly permitted trial judges to order single-sex juries where the nature of the evidence required it. The continued existence of peremptory challenges allowed defendants in felony trials to exclude women from their juries whenever they preferred to be tried only by men. Finally, some judges permitted female jurors to excuse themselves from particular trials if they so desired. This paper explores the effects these factors had on the practical enjoyment of the female jury franchise after the passing of the 1919 Act. It finds that the picture is remarkably localised: rates of women serving on juries were very different for the five assize circuits for which adequate records exist (Midland, Oxford, South Eastern, South Wales and Western). By exploring these issues, this paper reveals how flexible the female jury franchise was in its early years, and shows how important local differences were in keeping women off the jury.

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38

Antonen, A. A. "The role of public prosecutors in jury trials: the experience of the Russian Federation and the People’s Republic of China." Legal Science in China and Russia, no. 4 (September 16, 2021): 132–35. http://dx.doi.org/10.17803/2587-9723.2021.4.132-135.

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The article discusses the development of jury trials in Russia and China, the results of the work of the state prosecution in Russian jury trials on the basis of data from form No. 1 of the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation over the past decade. The author provides statistical indicators confi rming the growing popularity of jury trials in Russia. The results of the return of criminal cases by the courts to the prosecutor in accordance with Art. 237 of the Code of Criminal Procedure of the Russian Federation, as indicators of the effectiveness of the prosecutor’s work in courtare discussed.The article touches upon the problem of a stable increase in the number of acquitted persons in jury trials over the past 10 years. The ways of solving the current situation within the framework of the development of the system of jurors and the institution of public prosecution in the Russian Federation are proposed, which may be an experience for China.

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Klinetobe, Charles. "Jury Trials and Gerrymanders: The Legal Effort to Maintain Segregation in July of 1957." Historian 68, no. 2 (June 1, 2006): 221–40. http://dx.doi.org/10.1111/j.1540-6563.2006.00141.x.

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Tolkachenko, A. A. "Criminal Law Matters of Cases Handled by Jury Trials." RUSSIAN JUSTICE 10 (September 2019): 74–84. http://dx.doi.org/10.17238/issn2072-909x.2019.10.74-84.

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공영호. "A Study on the Jury Competency in Complex Trials." Journal of hongik law review 15, no. 3 (September 2014): 49–73. http://dx.doi.org/10.16960/jhlr.15.3.201409.49.

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Howlin, Niamh. "The politics of jury trials in nineteenth-century Ireland." Comparative Legal History 3, no. 2 (July 3, 2015): 272–92. http://dx.doi.org/10.1080/2049677x.2015.1110978.

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Semple, J. I. "The jury is out on 'guilt by association' trials." Briefings in Functional Genomics and Proteomics 1, no. 1 (January 1, 2002): 40–52. http://dx.doi.org/10.1093/bfgp/1.1.40.

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Blackwell, Suzanne, and Fred Seymour. "Prediction of Jury Verdicts in Child Sexual Assault Trials." Psychiatry, Psychology and Law 21, no. 4 (November 21, 2013): 567–76. http://dx.doi.org/10.1080/13218719.2013.856278.

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McCullough, Keith P. "Judge without jury: Diplock trials in the adversary system." Journal of Criminal Justice 24, no. 6 (January 1996): 567–69. http://dx.doi.org/10.1016/s0047-2352(97)81180-4.

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Bergoglio, María Inés. "The Dissemination of Jury Trials: A Reading from Argentina." Law & Society Review 51, no. 3 (August 14, 2017): 510–16. http://dx.doi.org/10.1111/lasr.12282.

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Wang, Zhuhao. "The fate of evidence law: Two paths of development." International Journal of Evidence & Proof 24, no. 3 (June 15, 2020): 329–48. http://dx.doi.org/10.1177/1365712720930797.

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Evidence law was famously deemed ‘the child of the jury’, its development widely perceived as a by-product of the jury trial. Conventional wisdom tells us that juries, because of their cognitive and epistemic failings, can hardly be trusted and thus need rules of evidence to steer them in the right direction. Therefore, given that jury trials are vanishing in the United States and other common law countries, we must question whether the traditional evidence-law model is sustainable. At the same time that juries have been on the decline, rapid developments in science and technology have led to new forms of evidence, including scientific evidence, electronic evidence and process-based evidence. Presenting these new types of evidence at trials, however, often creates a mismatch with the traditional evidence-law framework. A systematic redesign of 21st-century evidence law to better accommodate the intensified interplay between science, technology and the law seems to be the next natural development. This essay explores these two distinct paths of evidence law—the old, jury-driven model and a new, science-directed model—and argues for preserving the old path while at the same time spending more resources and making greater effort to accommodate these new forms of evidence.

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Anthony, Thalia, and Craig Longman. "Blinded by the White: A Comparative Analysis of Jury Challenges on Racial Grounds." International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 25–46. http://dx.doi.org/10.5204/ijcjsd.v6i3.419.

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Indigenous peoples in Australia, the United States and Canada are significantly overrepresented as defendants in criminal trials and yet vastly underrepresented on juries in criminal trials. This means that all-white juries mostly determine the guilt of Indigenous defendants or white defendants responsible for harming Indigenous victims. In this article, we explore cases in which Indigenous defendants have perceived that an all-white jury’s prejudice against Indigenous people would prevent them receiving a fair trial. It focuses on Indigenous defendants (often facing charges in relation to protesting against white racism) challenging the array of all-white juries. Across these cases, Australian courts rely on formal notions of fairness in jury selection to dismiss the Indigenous defendant’s perception of bias and foreclose an inquiry into the potential prejudices of white jurors. We compare the Australian judicial ‘colour-blindness’ towards all-white juries with that of the United States and Canada. We argue that the tendency for courts in the United States and Canada to question jurors on their biases provides useful lessons for Australian judiciaries, including in relation to the impending trials of Indigenous defendants in Kalgoorlie, Western Australia, accused of committing crimes in response to white racist violence. Nonetheless, across all jurisdictions where there is a challenge to the array based on racial composition, courts consistently uphold all-white juries. We suggest that the judicial view of the racial neutrality of white jury selection misapprehends the substantive biases in jury selection and the injustice perceived by defendants in having a white jury adjudicate an alleged crime that is committed in circumstances involving protest against white prejudice.

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Hans, Valerie P., and Michael J. Saks. "Improving Judge & Jury Evaluation of Scientific Evidence." Daedalus 147, no. 4 (October 2018): 164–80. http://dx.doi.org/10.1162/daed_a_00527.

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The role of the expert witness in trials is a paradox. Judges and jurors need help with matters beyond their understanding, and judges are expected to act as gatekeepers to ensure that jurors are not fooled by misleading expert testimony. Yet, as gatekeepers, judges might not effectively distinguish sound from unsound expert testimony. As factfinders, judges and jurors both might have difficulty comprehending expert evidence, intelligently resolving conflicts between experts, and applying the scientific and technological evidence they hear to the larger dispute before them. This essay explores those problems and a variety of possible solutions, ranging from more effective ways parties might present technical information at trial, to educational interventions supervised by the court, to making juries more effective in performing their task, to more controversial measures, such as replacing conventional juries with special juries and replacing generalist judges with expert judges.

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LEE, Jae-Hyup, and Jisuk WOO. "Assessment of the Jury Systems in Asia: A Comparison of Korea and Japan." Asian Journal of Comparative Law 14, S1 (July 10, 2019): S77—S96. http://dx.doi.org/10.1017/asjcl.2019.9.

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AbstractThis article compares the Korean and Japanese jury systems, evaluating the performance of jury trials as reflected in empirical studies in these countries, and identifying some innovative practices in Korean and Japanese systems that can be adopted by other jurisdictions. This comparative study of Korean and Japanese jury systems will also address common problems and investigate different approaches to those problems. At this juncture, numerous existing empirical studies conducted in both countries provide a good framework for comparison. Although jury trials are firmly entrenched within the Korean and Japanese legal systems, there are several common challenges faced by each country that uses lay juries: avoidance of bias, judicial oversight and intervention for reasoned decision-making, importance of rationality in the jury deliberation process, etc. A careful analysis of the Korean and Japanese experiences will provide useful guidance to not only policymakers in Asia but also criminal justice scholars around the world.

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