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- 1From:Defense Counsel Journal (Vol. 89, Issue 4) Peer-ReviewedMANY people see the television ads flashing warnings, the FDA logo, "recall" notices, and of course, the toll-free number to call for "more information." Fewer see the miniscule text (if, indeed, there is any such text)...
- 2From:Prosecutor, Journal of the National District Attorneys Association (Vol. 56, Issue 4) Peer-ReviewedWe have all been there. You are in the middle of the testimony of a critical witness at trial, believing you are really scoring points, only to glance over at your jurors and see by their expressions that they are not...
- 3From:North Carolina Law Review (Vol. 100, Issue 6) Peer-ReviewedSometimes juries are prejudiced against defendants. A jury may be predisposed to find a defendant guilty because of the nature of the charges. They may be predisposed to find a defendant guilty because of the reputation...
- 4From:ABA Journal (Vol. 108, Issue 2)In November, New York federal judge Valerie E. Caproni considered whether to allow an unvaccinated juror inside her courtroom in an employment retaliation case. Over the objections of the pro se lawyer-plaintiff, she...
- 5From:Judges Journal (Vol. 61, Issue 2)The problem of racial bias in jury selection has long plagued the American criminal legal system, undermining constitutional guarantees of a fair jury trial and equal justice under law. Recently, some states have begun...
- 6From:Judges Journal (Vol. 61, Issue 2)Many recent high-profile and controversial cases have shifted public attention to jury selection, and specifically how jury selection and representation on juries impact the outcome of criminal cases. In the high-profile...
- 7From:Judges Journal (Vol. 61, Issue 2)Imagine a young woman testifying in a criminal case about a robbery that left two people dead. She is the only eyewitness who can identify the defendant as the perpetrator, and the defense's case hinges on a theory of...
- 8From:University of Pennsylvania Law Review (Vol. 170, Issue 4)A Batson violation--racially discriminatory jury selection--is a structural error, "not amenable" to harmless error review on direct appeal. By definition, structural errors evade traditional prejudice analysis. But,...
- 9From:Fordham Urban Law Journal (Vol. 49, Issue 2)INTRODUCTION The criminal legal system is a maze. People who find themselves in this maze are frequently cornered by its classist and racist hedges and dead ends. While much of the system is plagued with elitist...
- 10From:University of Toronto Faculty of Law Review (Vol. 80, Issue 1)This article examines the complex relationships between the Canadian jury composition, common law jury secrecy doctrines, and the accuracy of verdicts. Using wrongful convictions research, it advances two arguments: that...
- 11From:North Carolina Law Review (Vol. 100, Issue 1) Peer-ReviewedDespite the constitutional guaranty of trial by a fair and impartial jury, racial bias has long plagued juries of Black defendants. Although voir dire, the process of questioning potential jurors during jury selection,...
- 12From:ABA Journal (Vol. 107, Issue 4)Intersection is a column that explores issues of race, gender and law across America's criminal and social justice landscape. COMMENTARY When it comes to convicting police officers, clear and convincing evidence is...
- 13From:Washington Law Review (Vol. 96, Issue 2)The American jury system holds the promise of bringing commonsense ideas about justice to the enforcement of the law. But its democratizing effect cannot be realized if a segment of the population faces systematic...
- 14From:Trial (Vol. 56, Issue 11)Conservative jurors often are dismissed as unfavorable to plaintiffs. Instead, look for ways that your client's story intersects with commonly held conservative beliefs and values. It's no secret that most trial...
- 15From:Criminal Justice (Vol. 35, Issue 3) Peer-ReviewedTwelve strangers confined in a small room together, seated around a narrow wooden table, talking, reasoning, imploring, contending, shouting, gesturing, sweating, crying, and passing around evidence as they spend hours...
- 16From:American Criminal Law Review (Vol. 57, Issue 4)Recourse to the death penalty on the part of legitimate authority, following a fair trial, was long considered an appropriate response to the gravity of certain crimes and an acceptable, albeit extreme, means of...
- 17From:Harvard Journal of Law & Public Policy (Vol. 43, Issue 3) Peer-ReviewedINTRODUCTION The Sixth Amendment of the Constitution guarantees criminal defendants the right to a trial "by an impartial jury." (1) But criminal procedure has evolved substantially since 1791, raising the question...
- 18From:Trial (Vol. 56, Issue 4)Challenging a potential juror for cause requires skill and courage, as well as patience and gentleness. Always be polite, but never back down. Lay the groundwork. Start before trial by educating the court in your brief...
- 19From:Northern Review (Issue 50) Peer-ReviewedInherent in our constitutional right to a jury trial in criminal cases--for offences where imprisonment for five years or more is a possible sentence--is the right to have jurors who are our "peers" and "equals." This...
- 20From:Harvard Law Review (Vol. 133, Issue 1)The state's authority to deliver justice is called into question when its officers are not or cannot be held accountable for violating the law. (1) Since the Supreme Court's 1986 decision in Batson v. Kentucky, (2) it...