INSTITUTIONALIZATION OF CONFLICT - JURY ACQUITTALS (FROM LAW, JUSTICE AND THE INDIVIDUAL IN SOCIETY PSYCHOLOGICAL AND LEGAL ISSUES, 1977 BY JUNE LOUIN TAPP AND FELICE J LEVINE - SEE NCJ-47140)

• NCJ Number: 47149
• Author(s): M R KADISH; S H KADISH
• Date Published: 1977
• Length: 11 pages
• Corporate Author: Holt, Rinehart and Winston
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

ONE WAY IN WHICH THE LEGAL SYSTEM PROVIDES FOR INTERACTION OF LAW AND SOCIETY IS ILLUSTRATED IN AN EXAMINATION OF THE ROLE OF THE JURY IN THE ACQUITTAL OF DEFENDANTS IN CRIMINAL CASES.

Abstract

AT SOME POINTS, LEGAL SYSTEMS GENERATE FOR THEIR AGENTS CONFLICTS THAT INTRODUCE DEPARTURES FROM RULES, THUS PROVIDING FOR ADJUSTMENT TO CHANGING CIRCUMSTANCES OTHER THAN THROUGH EXPLICIT PROCEDURES FOR CONTROLLED CHANGE. THE ROLE OF THE CRIMINAL TRIAL JURY IN ACQUITTAL ILLUSTRATES THE MANNER IN WHICH THE DISTRIBUTION OF LEGAL POWERS, RIGHTS, DUTIES, AND PRIVILEGES PROMOTES CONFLICT AND, AS A RESULT, JUSTIFICATION FOR TAKING DEPARTURES FROM THE RULES OF THE SYSTEM. THE OBLIGATION TO DEFER TO THE COURT'S INSTRUCTIONS, WHILE BINDING ON THE JUROR, EXISTS SIDE BY SIDE WITH A PROTECTED POWER AND PRIVILEGE TO OVERRIDE THAT OBLIGATION. THE RESULT IS THE LEGITIMATED INTERPOSITION OF THE JUROR'S OWN JUDGMENT BETWEEN THE CONSEQUENCES OF THE COURT'S INSTRUCTIONS AND THE FATE OF THE DEFENDANT. THERE FOLLOWS THE POSSIBILITY OF A JUSTIFIED DEPARTURE FROM RULES BY AGENTS ACTING IN A ROLE -- A POSSIBILITY THAT MAY SERVE SOCIAL ENDS OF MAJOR SIGNIFICANCE. (AUTHOR ABSTRACT MODIFIED--LKM)