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Almost every society has professional judges, but from ancient
Athens to modern Asia, cultures have wanted ordinary people
involved in legal decisions. The use of juries comes with
challenges; societies must determine how to select jurors, what
cases jurors should decide and by what rules, and how to inform
jurors about the law and evidence. This Very Short Introduction
shows how and why societies around the world have used juries,
charting the spread of the twelve-person jury from England to the
British colonies in America, Canada, India, Australia, New Zealand,
and the Caribbean. In criminal cases, use of lay jurors has
stretched to nations in Europe, Latin America, and Asia as they
aspire to democracy, greater popular participation in government,
and legitimacy of the justice system. But in English-speaking
countries, jury trials are declining. Civil juries have been
virtually abolished everywhere except the United States, and even
there they are rare. In criminal cases, plea bargaining is now
taking the place of jury trials. In this book, Renee Lettow Lerner
describes the benefits and challenges of using juries, including
jury nullification, and considers how innovations from
non-English-speaking countries may be key to the survival of lay
participation. Along the way, the book tells how a small German
state invented a way of using jurors that is now found around the
world. And it reveals why some defendants preferred to be crushed
to death by weights rather than convicted by a jury.
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