A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.

The Jury Under Fire reviews a number of controversial beliefs about juries that have persisted in recent years as well as the implications of these views for jury reform efforts. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques the myth, and then uses social science research findings to suggest appropriate reforms.

This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.

“Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.” —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

This book provides a broad understanding of and critical thinking about the contemporary jury system. It fills a void of easily accessible knowledge about how jury trials work and how jury research assists us to formulate new ways to improve the system. Current issues challenging the jury system, such as the impact that technology is having on jury trials, are discussed. Juries in the 21st Century is designed to inform jury practitioners (judges, barristers, instructing solicitors, and forensic experts) about what constitutes best practice for them. It details how other jurisdictions are dealing with issues within their jury systems and allows jury practitioners to understand which practices are based upon fact and which are based on habit, anecdote and other misconceptions. It encourages jury practitioners and law reformers to consider new approaches in order to improve jury communication. Teachers and researchers in law, psychology, criminology and sociology should find this cross-disciplinary book useful as it synthesises the current state of jury research. To curious members of the public who have or would like to serve on a jury, this book will provide you with insight into jury trials and jury room dynamics.

This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.