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The Missing American Jury - Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries (Paperback)
Loot Price: R840
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The Missing American Jury - Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries (Paperback)
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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.
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