It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
If you've ever seen an episode of Law and Order, you can probably recite your Miranda rights by heart. But you likely don't know that these rights had their roots in the case of a young Chinese man accused of murdering three diplomats in Washington DC in 1919. A frantic search for clues and dogged interrogations by gumshoes erupted in sensational news and editorial coverage and intensified international pressure on the police to crack the case. Part murder mystery, part courtroom drama, and part landmark legal case, The Third Degree is the true story of a young man's abuse by the Washington police and an arduous, seven-year journey through the legal system that drew in Warren G. Harding, William Howard Taft, Oliver Wendell Holmes, John W. Davis, and J. Edgar Hoover. The ordeal culminated in a sweeping Supreme Court ruling penned by Justice Louis Brandeis that set the stage for the Miranda warning many years later. Scott D. Seligman argues that the importance of the case hinges not on the defendant's guilt or innocence but on the imperative that a system that presumes one is innocent until proven guilty provides protections against coerced confessions. Today, when the treatment of suspects between arrest and trial remains controversial, when bias against immigrants and minorities in law enforcement continues to deny them their rights, and when protecting individuals from compulsory self-incrimination is still an uphill battle, this century-old legal spellbinder is a cautionary tale that reminds us how we got where we are today and makes us wonder how far we have yet to go.
The compelling real-life story of the criminal investigation, indictment, and trial of Edgar Ray Killen, the preacher and former Ku Klux Klansman finally convicted in June 2005 for the deaths of three civil rights workers--forty-one years after their brutal murders. A stunning final chapter to the case immortalized in the movie Mississippi Burning.
Finalist, 2021 Wall Award (Formerly the Theatre Library Association Award) The untold story behind one of America’s greatest dramas In early 1957, a low-budget black-and-white movie opened across the United States. Consisting of little more than a dozen men arguing in a dingy room, it was a failure at the box office and soon faded from view. Today, 12 Angry Men is acclaimed as a movie classic, revered by the critics, beloved by the public, and widely performed as a stage play, touching audiences around the world. It is also a favorite of the legal profession for its portrayal of ordinary citizens reaching a just verdict and widely taught for its depiction of group dynamics and human relations. Few twentieth-century American dramatic works have had the acclaim and impact of 12 Angry Men. Reginald Rose and the Journey of “12 Angry Men” tells two stories: the life of a great writer and the journey of his most famous work, one that ultimately outshined its author. More than any writer in the Golden Age of Television, Reginald Rose took up vital social issues of the day—from racial prejudice to juvenile delinquency to civil liberties—and made them accessible to a wide audience. His 1960s series, The Defenders, was the finest drama of its age and set the standard for legal dramas. This book brings Reginald Rose’s long and successful career, its origins and accomplishments, into view at long last. By placing 12 Angry Men in its historical and social context—the rise of television, the blacklist, and the struggle for civil rights—author Phil Rosenzweig traces the story of this brilliant courtroom drama, beginning with the chance experience that inspired Rose, to its performance on CBS’s Westinghouse Studio One in 1954, to the feature film with Henry Fonda. The book describes Sidney Lumet’s casting, the sudden death of one actor, and the contribution of cinematographer Boris Kaufman. It explores the various drafts of the drama, with characters modified and scenes added and deleted, with Rose settling on the shattering climax only days before filming began. Drawing on extensive research and brimming with insight, this book casts new light on one of America’s great dramas—and about its author, a man of immense talent and courage. Author royalties will be donated equally to the Feerick Center for Social Justice at Fordham Law School and the Justice John Paul Stevens Jury Center at Chicago-Kent College of Law.
A remnant of the racist post-Reconstruction Redeemer sociopolitical agenda, Louisiana’s nonunanimous jury-verdict law permitted juries to convict criminal defendants with only nine, and later ten, out of twelve votes: a legal oddity. On the surface, it was meant to speed convictions. In practice, the law funneled many convicts—especially African Americans—into Louisiana’s burgeoning convict lease system. Although it faced multiple legal challenges through the years, the law endured well after convict leasing had ended. Few were aware of its existence, let alone its original purpose. In fact, the original publication of Jim Crow’s Last Stand was one of the first attempts to call attention to the historical injustice caused by this law. This updated edition of Jim Crow’s Last Stand unpacks the origins of the statute in Bourbon Louisiana, traces its survival through the civil rights era, and ends with the successful effort to overturn the nonunanimous jury practice, a policy that officially went into effect on January 1, 2019.
An Atlantic Book of the Year and finalist for the Orwell Prize: a riveting true crime tale from the defense attorney who inspired John Grisham’s The Chamber Legendary criminal defense attorney Clive Stafford Smith has devoted his career to helping save penniless defendants from a justice system whose goal is not so much to find the right man as to get a conviction. Miami, 1986. Kris Maharaj is arrested, tried, and sentenced to death for the brutal murder of his ex–business partner, Derrick Moo Young, and Derrick’s son, Duane. Suspecting Kris may be innocent, as he claims, Stafford Smith begins his own investigation, which takes him from Miami to Nassau in the Bahamas to Colombia in search of the real killer. Interweaving the author’s inspiring personal story with a spellbinding page-turner, The Injustice System exposes our broken legal process—and drops a bombshell that should reopen a long-closed case.
A woman is on trial for her life, accused of murder. The 12 members of the jury each carry their own secret burden of guilt and prejudice which could affect the outcome. This book follows the trial through the eyes of the jurors as they hear the evidence and try to reach a unanimous verdict. Will they find the defendant guilty, or not guilty? And will the jurors' decision be the correct one?
The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.
