The Missing American Jury by Suja A. Thomas
Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries

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Synopsis

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.
 

About Suja A. Thomas

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Published June 1, 2016 by Cambridge University Press. 262 pages
Genres: Political & Social Sciences, Law & Philosophy. Non-fiction

Unrated Critic Reviews for The Missing American Jury

Washington Independent Review of Books

The cost in particular is the reason most often cited for the failure to make states comply with the Fifth Amendment’s requirement for grand juries in criminal cases or the Seventh Amendment’s requirement for juries in civil cases.

Aug 11 2016 | Read Full Review of The Missing American Jury: Re...
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