Comments & critiques on cultural events and New York City happenings.
Friday, November 18, 2016
Prof Dennis Hale Talks about His Book "The Jury in America: Triumph and Decline"
The origins of the jury system can be traced back to the 12th C. Dr Dennis Hale, Prof of Political Science at Boston College spoke at the 92ndY about his new book "The Jury in America: Triump and Decline." His fascinating 45 minute talk (with a 15 minute Q&A) was extremely enlightening. The American jury system is the central element of democracy in our government. Our right to vote is a vital element also but our singular vote is amongst millions of others. Being on a jury, imparts a pre-eminent power to impact a ruling pertaining to the laws of our country. A juror acquires a direct experience to rule. The individual juror is not omnipotent but a jury brings together a random cross section of the population who must deliberate together towards a verdict. Prof Hale traced this history of the jury from its inception; an all white property owning sector through its many biased pratfalls and limitations. Hale touched upon 4 more recent jury trials including the Zimmerman case & the McDonalds' hot coffee fiasco. Jury reforms in the 19th & 20th Centuries were discussed. The number of jury trials have been steadily declining. Plea bargaining is mainly responsible for this trend. Jury consultants have flourished due to ubiquitous foreknowledge of monumental events & pre-emptive juror selection. Prof Hale impressed upon me his view that verdicts which may seem startling, as in Zimmerman's vindication of Trayvon Martin's murder, result because "only facts with evidentiary basis are presented. Not atmospheric innuendo." Prof Hale also stressed jurors are schooled & guided in the law & rights by judges & lawyers. The jury system has progressed since Samuel Chase, an Assoc Justice of the US Supreme Court in the 18th said "The jury has the right to determine the law and the facts." Grocho Marx said "I was married by a judge. I should have asked for a jury."
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