NCJ Number
10752
Date Published
1971
Length
579 pages
Annotation
UNIVERSITY OF CHICAGO LAW SCHOOL JURY STUDY DEALS WITH THE DIFFERING WAYS JUDGE AND JURY DECIDE THE SAME CASE, EMPHASIZING THE JURY DECISION MAKING PROCESS.
Abstract
THE CONTROVERSY OF THE JURY SYSTEM IS CONSIDERED IN ITS HISTORICAL AND PRESENT-DAY CONTEXT. THE CONTEMPORARY CRIMINAL JURY TRIAL PROCESS AND THE LEGAL AND BEHAVIORAL FACTORS EFFECTING IT ARE DISCUSSED TO PROVIDE A FRAMEWORK IN WHICH TO PLACE THE EMPIRICAL FINDINGS. THE METHODOLOGY BY WHICH THE 3,576 CASES WERE STUDIED AND THE RESEARCH DESIGN - A MAIL QUESTIONNAIRE COMPLETED BY TRIAL JUDGES ON WHICH THIS STUDY IS BASED ARE DESCRIBED. AN OVERVIEW IS GIVEN OF THE SOURCES OF JUDGE-JURY DISAGREEMENT AND A DETAILED EXAMINATION OF HANDLING OF EVIDENTIARY MATTERS BY JUDGE AND JURY. ANOTHER GENERAL SOURCE OF NORMAL DISAGREEMENT IS THE JUDGE AND JURY VIEW OF THE DEFENDANT. THEREFORE ONE CHAPTER PROVIDES A PROFILE OF THE DEFENDANT WITH WHOM THE JURY SYMPATHIZES. THE BOOK DEMONSTRATES AND EXPLAINS THAT IN AN IMPRESSIVE NUMBER OF CASES THE JURY'S SENSE OF JUSTICE LEADS TO POLICIES WHICH DIFFER FROM OFFICIAL LEGAL PRACTICES, YIELDING A CASEBOOK OF JURY LAW.