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Jury and the Defense of Insanity (Hardcover)
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Jury and the Defense of Insanity (Hardcover)
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Thirty years after it was first published, the issues raised in The
Jury and the Defense of Insanity remain pertinent. Rita James Simon
examines how motivated and competent juries are, how well jurors
understand and follow judges' instructions, their understand-ing of
expert testimony, and the extent to which their own backgrounds and
experiences influence their decisions. Simon provides a rare
opportunity to observe how jurors go about the process of
deliberating and reaching a verdict by following them into the jury
room and recording their deliberations. This pathbreaking study of
jury room behavior provides compelling evidence of the
effectiveness of our trial by jury system. The Jury and the Defense
of Insanity was the product of an experimental study con-ducted as
part of the University of Chicago Jury Project. Over 1,000 jurors
were chosen to participate, not as volunteers, but as part of their
regular jury duty, in two experimental trials, one on a charge of
housebreaking, the other of incest. In each the insanity de-fense
was raised. Court judges instructed the jurors to consider the
recorded trials they were about to hear with all the care and
seriousness they would give to a real criminal prosecution, and the
taped recordings of their deliberations make it clear that they did
just that. These recordings, along with responses to detailed
questionnaires, yielded significant data, equally applicable to
civil as to criminal cases. We learn their reactions to their
fellow jurors; personal evaluations of the quality and
effectiveness of delibera-tions; the degree to which religion, sex,
social status, education, and like factors affect participation in
and influence on the course of the deliberation; and the recounting
of and reliance upon personal experience in seeking to reach a
verdict, among other in-sights furnished by this study. This is an
exact record not a description or recollected account of the
struggle of a jury to weigh evidence and achieve a just verdict.
For lawyers whose job it is to win civil and criminal cases, for
behavioral scientists who study male and female reactions in their
cultural environment to the circumstances that confront them, and
to all who are interested in how people behave and why, in a
dramatic, socially significant situation, this is a fascinating and
revealing book.
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