The Secret Power of Juries

The Secret Power of Juries
Author: Gary Bauslaugh
Publisher: James Lorimer & Company
Total Pages: 218
Release: 2013-09-18
Genre: Law
ISBN: 1459405056

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Canadians know that the jurors at a trial decide the defendant's guilt or innocence according to the law of the land. What they don't know is how far that right actually goes, and what the real power of juries is. Sometimes people -- even jurors -- wonder if a law or a judgment in a particular case is a just one. When the law seems wrong, we are told there is only one solution: change the law. In fact, though, in our legal system there is another remedy: When jurors decide that to question the fairness of applying the law in the case they are deciding may lead to a manifestly unfair and unjust result, they have the right not to apply that law. However, in Canada it is illegal and completely forbidden for a trial lawyer, or even a judge to tell jurors they have this right to nullify the law. In the Canadian justice system, jurors can hand down a verdict of not guilty even if the facts pointing to guilt are clear, even if the accused doesn't deny the facts, even if the judge tells the jurors to find the accused guilty. This centuries-old safeguard, which goes along with the principle of jury independence, has protected people's rights and freedoms and helped sweep away laws that ordinary citizens think are outdated and unjust. This power of juries is known to the legal community -- but is largely unknown by the general public -- until now. Gary Bauslaugh, author of Robert Latimer, A Story of Justice and Mercy (Lorimer, 2010), learned the specifics of this matter as a result of his research around the Robert Latimer case. In his new book, written for non-expert readers and citizens who have been summoned for jury duty, he tells the story of jury nullification from Quaker leader William Penn to the modern-day acquittal of Henry Morgentaler, who was charged with conducting abortions. Bauslaugh then lays out the arguments that some people make against jury independence and nullification, and makes his own argument in favour of these safeguards. He offers suggestions for jurors who may find themselves in a situation where their consciences are at odds with the law.

Jury Nullification

Jury Nullification
Author: Clay S. Conrad
Publisher: Cato Institute
Total Pages: 337
Release: 2013-12-05
Genre: Law
ISBN: 1939709016

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The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c

Why Jury Duty Matters

Why Jury Duty Matters
Author: Andrew G. Ferguson
Publisher: NYU Press
Total Pages: 252
Release: 2012-12-01
Genre: Law
ISBN: 0814729037

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Places the idea of jury duty into perspective, noting its importance as a constitutional responsibility, and describes ways in which the experience may be enriched.

The Secret Power of Juries

The Secret Power of Juries
Author: Gary Bauslaugh
Publisher: James Lorimer & Company
Total Pages: 218
Release: 2013-09-18
Genre: Law
ISBN: 1459405064

Download The Secret Power of Juries Book in PDF, Epub and Kindle

Canadians know that the jurors at a trial decide the defendant's guilt or innocence according to the law of the land. What they don't know is how far that right actually goes, and what the real power of juries is. Sometimes people -- even jurors -- wonder if a law or a judgment in a particular case is a just one. When the law seems wrong, we are told there is only one solution: change the law. In fact, though, in our legal system there is another remedy: When jurors decide that to question the fairness of applying the law in the case they are deciding may lead to a manifestly unfair and unjust result, they have the right not to apply that law. However, in Canada it is illegal and completely forbidden for a trial lawyer, or even a judge to tell jurors they have this right to nullify the law. In the Canadian justice system, jurors can hand down a verdict of not guilty even if the facts pointing to guilt are clear, even if the accused doesn't deny the facts, even if the judge tells the jurors to find the accused guilty. This centuries-old safeguard, which goes along with the principle of jury independence, has protected people's rights and freedoms and helped sweep away laws that ordinary citizens think are outdated and unjust. This power of juries is known to the legal community -- but is largely unknown by the general public -- until now. Gary Bauslaugh, author of Robert Latimer, A Story of Justice and Mercy (Lorimer, 2010), learned the specifics of this matter as a result of his research around the Robert Latimer case. In his new book, written for non-expert readers and citizens who have been summoned for jury duty, he tells the story of jury nullification from Quaker leader William Penn to the modern-day acquittal of Henry Morgentaler, who was charged with conducting abortions. Bauslaugh then lays out the arguments that some people make against jury independence and nullification, and makes his own argument in favour of these safeguards. He offers suggestions for jurors who may find themselves in a situation where their consciences are at odds with the law.

Radical Enfranchisement in the Jury Room and Public Life

Radical Enfranchisement in the Jury Room and Public Life
Author: Sonali Chakravarti
Publisher:
Total Pages: 159
Release: 2019
Genre: Jury
ISBN: 022665429X

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Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.

Juror's Handbook

Juror's Handbook
Author: Lynn Buchanan
Publisher:
Total Pages: 29
Release: 2005-01-01
Genre: Jury
ISBN: 9781876045319

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Jury service is one of the most important civic duties a person can undertake, yet it is often poorly understood. This booklet has been prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors will receive a copy when they attend for jury service.