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.

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

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.

"I owe a great debt to the many jurors, judges, lawyers, trial consultants, historians, and academics around the world from whom I have had the pleasure of learning about the jury. Traci Emerson Spackey of the George Washington University Law Library provided extraordinarily creative and effective help in locating images and other sources. Clifford Ando gave valuable recommendations about sources for the ancient world, and Daniela Cammack kindly provided drafts of her now-published article about Athenian juries. Trial lawyer Bobby Burchfield generously gave detailed and deeply knowledgeable comments on the manuscript. Karen Wahl provided expert assistance locating sources. I thank Morgan Reinhardt for allowing me to use her research on jury forepersons, and Anna Offit, her law professor, for guiding me to her and for comparative work on juries. Anna Caraveli and Jonathan Chaves, my colleague at George Washington University, made important suggestions and pointed out places in which non-lawyers needed further explanation of legal concepts. My daughter Anna Lerner provided the perspective of a younger reader and gently let her mother know where improvements would be helpful. For decades, John Langbein has been a constant source of insight about juries. I am grateful to Akhil Amar for first sparking, and then encouraging, my interest in the subject, and for his vibrant work. My husband Craig Lerner gave unceasing encouragement and invaluable advice"--

Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.