Defending the Jury
Crime, Community, and the Constitution

This book exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice.

Laura I Appleman (Author)

9781107650930, Cambridge University Press

Paperback / softback, published 9 April 2015

250 pages
22.8 x 15.3 x 1.5 cm, 0.37 kg

'Veteran litigators regard trying a case to a jury as the greatest thrill - but it's one that fewer and fewer lawyers experience, in today's age of bureaucratized, paper-pushing justice. Laura Appleman's innovative and thoughtful reform proposals, in addition to restoring the voice of the community to punishment, might also make practicing law more fulfilling and enjoyable for lawyers.' David B. Lat, former AUSA (federal prosecutor) and Managing Editor of Above the Law, www.abovethelaw.com

This book sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive. Using the prism of the Sixth Amendment community jury trial, this book offers fresh and much-needed ways to incorporate the citizenry into the procedures of criminal justice, thereby resulting in greater investment and satisfaction in the system. It exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. Ultimately, the people's right to participate in the criminal justice system through the criminal jury - a right that is all too often overlooked - is essential to truly legitimizing the criminal process and ensuring its democratic nature.

1. Introduction
Part I. History in the Crucible: Rediscovering the Original Community Right in Criminal Justice: 2. The collective jury right and the Sixth Amendment
3. The Supreme Court and the reaffirmation of community
Part II. Old Becomes New: Sixth Amendment Jury Rights and Twenty-First-Century Criminal Procedure: 4. Retribution, restorative justice, and the Sixth Amendment jury right
5. Defining community in the twenty-first century: cities, counties, and collective action
Part III. Theory into Practice: Origins and Community in Modern Criminal Procedure: 6. Bail, jail, and the community voice
7. Infusing community through criminal procedure: the plea jury
8. Eradicating the bench trial
9. Restoring the offender to society
10. Back-end sentencing: the Sixth Amendment and post-prison procedures
11. Jury nullification and victim rights: going past procedure
12. Conclusion.

Subject Areas: Criminal law & procedure [LNF], Laws of Specific jurisdictions [LN]