Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.

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

#1 NEW YORK TIMES BESTSELLER • Every jury has a leader, and the verdict belongs to them. They are at the center of a multimillion-dollar legal hurricane: twelve men and women who have been investigated, watched, manipulated, and harassed by high-priced lawyers and consultants who will stop at nothing to secure a verdict. Now the jury must make a decision in the most explosive civil trial of the century, a precedent-setting lawsuit against a giant tobacco company. But only a handful of people know the truth: that this jury has a leader, and the verdict belongs to him. He is known only as Juror #2. But he has a name, a past, and he has planned his every move with the help of a beautiful woman on the outside. Now, while a corporate empire hangs in the balance, while a grieving family waits, and while lawyers are plunged into a battle for their careers, the truth about Juror #2 is about to explode in a cross fire of greed and corruption—and with justice fighting for its life. Don’t miss John Grisham’s new book, THE EXCHANGE: AFTER THE FIRM!

History has been kind to Robert E. Lee. Woodrow Wilson believed General Lee was a “model to men who would be morally great.” Douglas Southall Freeman, who won a Pulitzer Prize for his four-volume biography of Lee, described his subject as “one of a small company of great men in whom there is no inconsistency to be explained, no enigma to be solved.” Winston Churchill called him “one of the noblest Americans who ever lived.” Until recently, there was even a stained glass window devoted to Lee's life at the National Cathedral in Washington, D.C. Immediately after the Civil War, however, many northerners believed Lee should be hanged for treason and war crimes. Americans will be surprised to learn that in June of 1865 Robert E. Lee was indicted for treason by a Norfolk, Virginia grand jury. In his instructions to the grand jury, Judge John C. Underwood described treason as “wholesale murder,” and declared that the instigators of the rebellion had “hands dripping with the blood of slaughtered innocents.” In early 1866, Lee decided against visiting friends while in Washington, D.C. for a congressional hearing, because he was conscious of being perceived as a “monster” by citizens of the nation’s capital. Yet somehow, roughly fifty years after his trip to Washington, Lee had been transformed into a venerable American hero, who was highly regarded by southerners and northerners alike. Almost a century after Appomattox, Dwight D. Eisenhower had Lee’s portrait on the wall of his White House office. The Lost Indictment of Robert E. Lee tells the story of the forgotten legal and moral case that was made against the Confederate general after the Civil War. The actual indictment went missing for 72 years. Over the past 150 years, the indictment against Lee after the war has both literally and figuratively disappeared from our national consciousness. In this book, Civil War historian John Reeves illuminates the incredible turnaround in attitudes towards the defeated general by examining the evolving case against him from 1865 to 1870 and beyond.

It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

Today, all but one U.S. jurisdiction restricts a convicted felon’s eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them? Twenty Million Angry Men provides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability.

First Published in 1988. More than 3 million Americans are called for jury duty every year. For most people, serving on a jury arouses two feelings: it is both a personal sacrifice and an exciting experience. And where a jury is asked to decide some cases, they make headlines. As a result of trials such as these, the American system of trial by jury faces unprecedented challenges. This volume offers an informed examination of the entire process, from jury selection to the delivery of a verdict. Quoting the experiences and expertise of F. Lee Bailey, William Kunstler, Clarence Darrow, Learned Hand, and many others, ttis book investigates such important factors as pretrial bias, the psychology of evidence, inadmissible testimony, interpreting the law, and what goes on inside the jury room. People often think that any book dealing with the law must be written in ‘legalese’ but in in this book, Professors Kassin and Wrightsman present their case in an exceptionally readable style. They utilize modern advances in psychology to illuminate the usually hidden world of trial practice and procedure and offer thoughtful possibilities for improving the system.

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.

"I owe a great debt to the many jurors, judges, lawyers, trial consultants, historians, and academics around the world from whom I have had the pleasure of learning about the jury. Traci Emerson Spackey of the George Washington University Law Library provided extraordinarily creative and effective help in locating images and other sources. Clifford Ando gave valuable recommendations about sources for the ancient world, and Daniela Cammack kindly provided drafts of her now-published article about Athenian juries. Trial lawyer Bobby Burchfield generously gave detailed and deeply knowledgeable comments on the manuscript. Karen Wahl provided expert assistance locating sources. I thank Morgan Reinhardt for allowing me to use her research on jury forepersons, and Anna Offit, her law professor, for guiding me to her and for comparative work on juries. Anna Caraveli and Jonathan Chaves, my colleague at George Washington University, made important suggestions and pointed out places in which non-lawyers needed further explanation of legal concepts. My daughter Anna Lerner provided the perspective of a younger reader and gently let her mother know where improvements would be helpful. For decades, John Langbein has been a constant source of insight about juries. I am grateful to Akhil Amar for first sparking, and then encouraging, my interest in the subject, and for his vibrant work. My husband Craig Lerner gave unceasing encouragement and invaluable advice"--