First Published in 1988. More than 3 million Americans are called for jury duty every year. For most people, serving on a jury arouses two feelings: it is both a personal sacrifice and an exciting experience. And where a jury is asked to decide some cases, they make headlines. As a result of trials such as these, the American system of trial by jury faces unprecedented challenges. This volume offers an informed examination of the entire process, from jury selection to the delivery of a verdict. Quoting the experiences and expertise of F. Lee Bailey, William Kunstler, Clarence Darrow, Learned Hand, and many others, ttis book investigates such important factors as pretrial bias, the psychology of evidence, inadmissible testimony, interpreting the law, and what goes on inside the jury room. People often think that any book dealing with the law must be written in ‘legalese’ but in in this book, Professors Kassin and Wrightsman present their case in an exceptionally readable style. They utilize modern advances in psychology to illuminate the usually hidden world of trial practice and procedure and offer thoughtful possibilities for improving the system.

This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.

How are juries selected in the United States? What forces influence juries in making their decisions? Are some cases simply beyond the ability of juries to decide? How useful is the entire jury system? In this important and accessible book, a prominent expert on constitutional law examines these and other issues concerning the American jury system. Randolph N. Jonakait describes the historical and social pressures that have driven the development of the jury system; contrasts the American jury system to the legal process in other countries; reveals subtle changes in the popular view of juries; examines how the news media, movies, and books portray and even affect the system; and discusses the empirical data that show how juries actually operate and what influences their decisions. Jonakait endorses the jury system in both civil and criminal cases, spelling out the important social role juries play in legitimizing and affirming the American justice system.

Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.