NCJ Number
64231
Editor(s)
B BONORA,
E KRAUSS
Date Published
1979
Length
308 pages
Annotation
THIS MANUAL IS WRITTEN AND ORGANIZED TO SERVE AS A GUIDE TO SYSTEMATIC JURYWORK IN EVERDAY PRACTICE AND IN PUBLICIZED OR CONTROVERSIAL CASES; IT IS INTENDED FOR LAWYERS, LEGAL WORKERS, AND SOCIAL SCIENTISTS.
Abstract
THE MANUAL PROVIDES AN INTEGRATED APPROACH TO THE COMPLEX PROBLEMS SURROUNDING JURY SELECTION. DISCUSSION BEGINS WITH A CONSIDERATION OF CASE ANALYSIS, THE FOUNDATION OF EFFECTIVE JURYWORK, AND EXAMINES WAYS TO LOOK AT THE WHOLE CASE, INCLUDING THE PROSECUTION THEORY, THE DEFENSE THEORY, THEORIES FOR JURY SELECTION, AND STRATEGY. AN OVERVIEW INTRODUCES REMEDIES FOR PREJUDICE. THE RAMIFICATIONS OF REQUESTING A CHANGE OF VENUE ARE THEN ANALYZED, INCLUDING THE BASIS FOR AND THE PROS AND CONS OF CHANGING VENUE, AND THE DEFENDANT'S RIGHT TO CHOICE OF VENUE. AN EXAMINATION OF IMPROVING VOIR DIRE CONDITIONS ENCOMPASSES DEFINITION OF THE PROBLEM, ALTERNATIVES, AND ADDITIONAL PROCEDURES FOR IMPROVING VOIR DIRE. A CONSIDERATION OF METHODS FOR DEVELOPING EVIDENCE FOR PRETRIAL MOTIONS ON JUROR BIAS PRECEDES A STUDY OF THE IMPLICATIONS OF THE WHEELER DECISION. DISCUSSION OF CHALLENGES TO JURY COMPOSITION DETAILS THE LAWS INVOLVED AND METHODS OF PREPARING AND CONDUCTING A CHALLENGE. ALSO REVIEWED ARE SOCIAL SCIENCE TOOLS USEFUL FOR UNDERSTANDING JUROR ATTITUDES. AN EXPLANATION OF SURVEYS DISCLOSES HOW SURVEYS ARE USED, HOW TO DO A SURVEY, AND TRANSLATING AND USING SURVEY RESULTS. COMMUNITY ANALYSIS IS EXPLAINED IN DETAIL, AS IS THE COMMUNITY NETWORK MODEL FOR COLLECTING JUROR BACKGROUND INFORMATION. DISCUSSION OF CONDUCTING VOIR DIRE ENCOMPASSES VOIR DIRE TECHNIQUES, CAUSE CHALLENGES, AREAS OF QUESTIONING, AND DEATH PENALTY CASES. THE VITAL AREA OF JURY SELECTION IS REVIEWED, INCLUDING EVALUATING THE JURORS, EXERCISING PEREMPTORY CHALLENGES, AND A CASE EXAMPLE. JURYWORK AND LEGAL STRATEGY IN WOMEN'S SELF-DEFENSE CASES ARE DETAILED AND INVOLVE SUCH ISSUES, AS AN UNDERSTANDING OF SELF-DEFENSE, THE NATURE OF BATTERING RELATIONSHIPS, PRETRIAL WORK, AND PRESENTING THE DEFENSE CASE. THE FINAL CHAPTER ON PROTECTING THE JURY SYSTEM PRESENTS SUCH IMPORTANT FACTS AS ANTI-JURY DECISIONS BY THE SUPREME COURT AND ARGUMENTS FOR PRO-JURY MEASURES. CASE NOTES ARE PROVIDED AND NUMEROUS RELATED DATA ARE APPENDED. (PRG)