Overview

This book proposes using a ‘jury-centric approach’ for improving laws, practices, and procedures in jury trials. Courts assume that jurors in a criminal trial understand and apply the judge’s directions about the law. This assumption is based on jury verdicts and the courts’ observations of jurors and inferences about juror comprehension. Research reveals that the courts’ assumption about juror comprehension is fundamentally flawed. Addressing this problem is essential for fair trials. A jury-centric approach is evidence-informed and works within a fair trial framework. It asks what jurors need to understand the issues that they must determine. It also examines juror comprehension research and why judges and lawyers have often been sceptical about this research. The book illustrates and evaluates a jury-centric approach through three case studies involving structured decision-making aids, homicide laws, and misconceptions in sexual offence cases. The book proposes establishing an interdisciplinary Juries Advisory Council, drawing on judicial and legal expertise as well as expertise in jury research. The jury’s task is increasingly complicated. Reform is essential to help jurors understand their task and determine the issues on their legal and factual merits. The book will be a valuable resource for academics, researchers, policymakers, and students in the areas of Criminal Law, Courts, Human Rights Law, Psycholinguistics, and Organisational Psychology, and to judges and lawyers.

Full Product Details

9781032755113

Table of Contents

Reviews

“How can we improve jurors’ comprehension of legal instructions? In a tour de force, Greg Byrne’s remarkable book recommends a ‘jury-centric approach’ to addressing this perennial problem with using ordinary citizens to decide legal disputes. Greg Byrne argues persuasively that those engaged in lawmaking, developing legal procedures, and providing support to judges should also take a jury-centric approach, ensuring that their actions serve the goal of a well-informed jury. Highly recommended.” —Professor Valerie P Hans, Charles F Rechlin Professor of Law, Cornell Law School, US. “This is a must-read book for anyone interested in juror comprehension – academics, practitioners and policy makers. It draws on a vast array of literature and combines this with a real understanding of the law and how judges and courts work to make original and practical suggestions for improved procedures.” —Professor Fiona Leverick, Professor of Criminal Law and Criminal Justice, University of Glasgow, UK. “This book brings together the disparate strands of jury research into a coherent framework that can actually achieve reform. The ‘jury- centric approach’ is presented forcefully, clearly, and with great originality. Using case studies and presenting concrete proposals, this book is essential reading for anyone interested in jury reform.” —Professor Jonathan Clough, Associate Dean (International), Faculty of Law, Monash University, Australia.

Author Information

Dr Greg Byrne PSM is an experienced criminal law policy adviser. He has led many significant criminal law reforms in Victoria, Australia, over the past 25 years. His research and publication interests focus primarily on juries, sexual offences, victims of crime, and criminal law reform.

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available