By D. Graham Burnett
While Princeton historian D. Graham Burnett replied his jury accountability summons, he anticipated to spend a number of days catching up on his analyzing within the courtroom ready room. in its place, he reveals himself thrust right into a high-pressure function because the jury foreman in a long island trial. There he comes nose to nose with a gorgeous act of violence, a maze of conflicting facts, and a parade of surprising witnesses. however it is later, in the back of the closed door of the jury room, that he encounters the essence of the jury event — he and 11 voters from greatly diverse backgrounds needs to hammer consensus out of bewilderment and robust war of words. by the point he fingers over the jury’s verdict, Burnett has gone through actual transformation, not only in his perspective towards the felony process, yet in his figuring out of himself and his peers.
Offering a compelling court docket drama and an intimate and infrequently funny portrait of a fractious jury, a tribulation via Jury can also be a finely nuanced exam of legislation and justice, own accountability and civic accountability, and the dynamics of strength and authority among twelve equivalent humans.
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Additional info for A Trial by Jury
The drafters’ rejection of moral misconduct generally, but acceptance of it when it will enhance the economic well being of one gender class of divorce litigants, seems to reflect an ideological or gender bias that neither the ALI nor the law should endorse. It is strange to award money damages for loss of economic benefits of a marriage, by allowing compensatory spousal alimony awards, but not award damages for the breach of minimum standards of interspousal behavior that hastened the marital breakdown and therefore caused the economic loss.
The drafters are correct that the search for causation involves some element of moral judgment, but that is true of the search for causation in all contexts, such as asking whether a driver’s action was “reasonable” under the circumstances. 13. 13. This is in response to Principles § 1, Topic 2, at 49–52. Beyond Fault and No-Fault in the Reform of Marital Dissolution Law 21 the person who was driving drunk, we are making a moral statement. When we allocate contributory fault to the speeding driver, that is a moral determination that such behavior was inappropriate.
71 See generally David B. Wexler & Bruce J. Winick, Essays in Therapeutic Jurisprudence (1991); C. J. Judith S. Kaye, Policy Essay, Delivering Justice Today: A Problem–Solving Approach, 22 Yale L. & Pol’y Rev. 125 (2004); but see, Morris B. Hoffman, Therapeutic Jurisprudence, Neo Rehabilitationism, and Judicial Collectivism: The Least Dangerous Branch Becomes Most Dangerous, 29 Fordham Urb. J. 120 (2002). 72 See generally Betsy J. Walter, Lesbian Mediation: Resolving Custody and Visitation Disputes when Couples End Their Relationships, 41 Fam.