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Index
Cover Page
Title Page
Copyright Page
Dedication
Contents
Table of Cases
Preface
Chapter 1. Introduction
What Jury Independence Is All About
Chapter 2. The Origins of the Doctrine
Pre-Revolutionary History
Bushell’s Case: Recognition for Jury Independence
Fox’s Libel Act: British Juries Change the Law
Chapter 3. Revolutionary Times
Georgia v. Brailsford: A Unanimous Supreme Court Instruction
The Fries Case and the Chase Impeachment Trial
Jury Independence in the State Courts
Chapter 4. The Development of the Modern View
Resolving Tensions Between Judge and Jury
The Unconstitutionality of Slavery: Spooner’s Influence on Jury Independence
State Legislative, Judicial, and Constitutional Developments
Sparf et al.: The Supreme Court Rejects Jury Independence
Vices, Crimes, and the National Prohibition Act
Chapter 5. The Modern Era
State Legislative, Judicial, and Constitutional Developments Revisited
The Vietnam War Cases: A Preference for Sua Sponte Nullification
Chapter 6. The Current Debate
Why Juries Still Refuse to Convict
Political Developments and Renewed Interest in Independent Juries
Model Fully Informed Jury Act Legislation
Chapter 7. Scapegoating the Jury
The Bigoted Jury: Acquittals in Lynchings and Civil Rights Murder Cases
The Lynching Cases
The Civil Rights Murders
Can Racist Nullification Be Discouraged or Controlled?
The Impartial Jury: Black Victims, Black Defendants, and Black Jurors
Inside the Jury Room: Can Jurors Act Responsibly When Race Is an Issue?
Chapter 8. The Capital Jury
Early Juror Discretion in Capital Cases
Furman and Its Progeny: Resolving the Disparities in Capital Sentencing
The Death-Qualified Jury
Penry and the Requirement of Individualized Sentencing
Chapter 9. The Obligations of Jury Duty
Understanding the Juror’s Oath
The Juror’s Oath in Early American History
What’s a Juror To Do?
The Context of the Juror’s Oath
Other Obligations Jurors Face
Chapter 10. The Lawyer’s Challenge
Empowering the Jury
Theories and Themes of the Nullification Case
Voir Dire
Opening Statement
Presentation of Evidence
Closing Argument
Reconstruction of Closing Arguments in the Rodger Sless Trial
Chapter 11. Summary
The Role of the Jury: A Political Question
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