This volume examines diverse jury systems in nations around the world. These systems are marked by unique features having critical implications for jury selection, composition, functioning, processes, and ultimately, trial outcomes. These unique features are examined by applying relevant social psychological research, models and concepts to the central issues and characteristics of jury systems in those nations using a wide variety of jury procedures.
Traditionally, research that has been conducted on juries has almost exclusively targeted the North-American jury. Psychologically-based research on European, Asian and Australian juries has been almost non-existent in the past decade or more. Yet, the incidence of jury trials outside of North America has been steadily increasing as more nations (e.g., Japan, Spain, Russia, and Poland) adopt, revise, or expand their use of juries in their legal system. Accordingly, research has been appearing in the scientific literature on new developments in world juries (particularly in Spain, Japan, and Australia).
This volume fulfils the dual purpose of understanding the diverse practices in world juries in light of existing social psychological knowledge and applied research on juries in each nation, and outlining new research in the context of the issues raised by jury practices beyond those of North America.
Table of Contents
1. Introduction and Overview Part 1: Pure (Lay) Juries 2. The Jury System in the United State of America 3. Cross-Border Diversity: Trial by Jury in England and Scotland 4. Lay Participation in Legal Decision-Making in Australia and New Zealand: Jury Trials and Administrative Tribunals 5. Psychological Perspectives on Spanish and Russian Juries 6. American Military Courts-Martial: Processes and Procedures of Trials and Decisions Part 2: Mixed (Lay and Professional) Juries 7. Issues and Prospects in European Juries: An Overview 8. Juries in Italy: Legal and Extra-Legal Norms in Sentencing 9. Human Justice or Injustice? The Jury System in France 10. Social-Psychological Implications of the Mixed Jury in Poland 11. Lay Judges in the German Criminal Court: Social-Psychological Aspects of the German Criminal Justice System 12. On Designing a Mixed Jury System in Japan
'This book does not just describe the - sometimes unexpected - differences between jury systems in the world, but also eloquently explains the consequences. This is a must for any student of legal decision making and the jury.' - P. J. von Koppen, Professor of Law and Psychology, Department of Law, Maastricht University and Free University Amsterdam, the Netherlands
'This book is an important addition to the growing literature on lay participation in trials throughout the world. Each contribution is from an expert in the area. The book is readable for nonpsychologists, and will be of interest to anyone interested in the jury and jury reform.' - Sally Lloyd-Bostock, Professor of Law and Psychology, School of Law, University of Birmingham, UK
"This book provides informative and fascinating reading... it is stimulating and thought provoking for those who enjoy the convergence of science, law, and psychology." - Kathie Nichols & Patrick R. Nichols, PsycCRITIQUES