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Why Juries? Explaining the Prevalence of Juries around the World.
- Source :
-
Law & Society . 2009 Annual Meeting, p1. 0p. - Publication Year :
- 2009
-
Abstract
- This paper focuses on one of the most powerful forms of civic participationâ??lay juries as decision-makers in criminal trials. My research examines countries that have some form of the jury as a part of their criminal justice system either currently or in the past. My main research questions are what factors account for the success or failure of a jury system in a country and how juries are tied to democracy. This paper explores those issues, especially the ways in which lay participation in criminal trials is seen as a mechanism of protecting citizens from abuses of power by the state or as a mechanism of racism and inequality. I argue that the perception of juries in a society, and thus the success of a jury system, is primarily dependent on past experiences with the jury, the racial make-up of the society, and perceptions of the judiciary. Although there are other factors that affect whether a country utilizes the jury system, such as whether it is a former British colony and whether it is based on the Common Law tradition, these factors are secondary to the bigger societal factors. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Subjects :
- *SOCIAL participation
*JURY
*RACISM
*CRIMINAL justice system
*DEMOCRACY
Subjects
Details
- Language :
- English
- Database :
- Academic Search Index
- Journal :
- Law & Society
- Publication Type :
- Conference
- Accession number :
- 45303379