Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice...

As defender of both the righteous and the questionable, Alan Dershowitz has become perhaps the most famous and outspoken attorney in the land. Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time. We live in an age of growing dissatisfaction with law as ...

When news breaks that a convicted murderer, released from prison, has killed again, or that an innocent person has escaped the death chamber in light of new DNA evidence, arguments about capital punishment inevitably heat up. Few controversies continue to stir as much emotion as this one, and public confusion is often the result. This volume brings together seven experts--judges, lawyers, prosecutors, and philosophers--to debate the death penalty in a spirit of open inquiry and civil discu...

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 th...

Learning about crime paysMost people watch television shows such as Law and Order and see a simplified version of the world of cops and courtrooms. In fact, the American criminal justice system is one of the most complex legal establishments in the world. The Complete Idiot's Guide® to the Criminal Justice System de-mystifies the complexity of the judicial establishment and the bureaucracy behind it in a clear, jargon-free and detailed po...

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

An acclaimed trial attorney presents a mock murder case to explore the jury system in this "compelling . . . intelligent . . . provocative" work ( The New York Times Book Review).Creating a composite legal case based on real-life criminal investigations and trials, Seymour Wishman's Anatomy of a Jury carries us from crime scene to courthouse to jury room, providing a fascinating, behind-the-scenes look into the nation's criminal justice system.

Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or...

Every day, trials impact the lives of untold numbers of citizens. But the public has only popular images and urban myths to give it an idea of what goes on in a trial. There has been no handy, easy-to-read reference book that explains trial strategy, tactics and the process to non-lawyers — until now. See You In Court fills this void.If there is a courtroom in your future or you are writing about one and would like to know what lawyers know about the process, "See You In Court will...

"An important and thought-provoking addition to the literature on the ethics of lawyers."---Kimberly Kirkland, Franklin Pierce Law CenterThe Consciousness of the Litigator investigates the role of the lawyer in modern American political and social life and in the judicial process, and plumbs lawyers' perceptions of themselves, their work, and, especially, their sense of right and wrong.In so doing, the book sheds light on the unique and little-examined subje...

For thirty years, lawyers, pundits, professors, and politicians had said that section 293 of the Criminal Code of Canadathe criminal prohibition of polygamywas unconstitutional, a Victorian anachronism that, in a modern rights-based democracy, deserved to be swept aside in the name of individual liberty and religious freedom. Polygamy per se, it was argued, was harmless. Beginning in 2009 in Vancouver, a small team of lawyers from the federal and provincial governments, along with a handf...

“Breathtakingly inspiring.” —Laurence H. Tribe, Professor of Constitutional Law, Harvard Law SchoolWhen advocates for marriage equality sought to challenge California’s notorious Proposition 8, they were fortunate to have the support of two of the nation’s preeminent lawyers, David Boies and Theodore B. Olson. Despite the fact that they had argued against one another in the landmark Bush v. Gore case, their commitment to the marriage issue led them to join...