Nancy S. Marder

Illinois Institute of Technology

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Valerie P. Hans

Cornell University

Shari Seidman Diamond

American Bar Foundation

Sanja Kutnjak Ivković

Michigan State University

Joanne Martin

Queen Mary University of London

Philip G Peters

University of Missouri

James T. Richardson

University of Nevada, Reno

Richard W. Wright

Chicago Kent College of Law

Theodore Eisenberg

Cornell University

Marc Galanter

New York University

Lucinda M. Finley

University at Buffalo, State University of New York

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Illinois Institute of Technology

DePaul University

Cornell University

Northwestern University

Harvard University

Chicago Kent College of Law

American Bar Foundation

University of California, Berkeley

University of Chicago

Washington University in St. Louis

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Introduction to Juries and Mixed Tribunals across the Globe: New Developments, Common Challenges and Future Directions

DOAJ (DOAJ: Directory of Open Access Journals) (2016)

Nancy S. Marder Valerie P. Hans

Globe

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Introduction to Secrecy in Litigation (symposium editor)

Chicago-Kent law review (2006)

Nancy S. Marder

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J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994)

Nancy S. Marder

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The Jury in America: Triumph and Decline

Journal of American History (2017)

Nancy S. Marder

In The Jury in America Dennis Hale provides a comprehensive history of the American jury beginning with its forebear, the medieval jury in England, and ending with the postmodern jury and the vanishing jury trial. He focuses on the changing role of the jury and the challenge of finding qualified jurors. He suggests that the postmodern American jury is in decline because we focus on the representativeness of juries rather than on the quality of jurors. This is a provocative position with which jury scholars are likely to disagree. Hale characterizes the jury during the colonial period as working in partnership with the judge because jurors and judges had much in common. Most judges lacked legal training, and most jurors were chosen because they were well-respected white men with property and education. Hale focuses on New York and Massachusetts to give some flavor of juries during this period. He characterizes juries as being less important to the legal system and more important to the political system because of the role they played in governance.

Hung jury

10.1093/jahist/jax010

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Instructing the Jury

Oxford University Press eBooks (2012)

Nancy S. Marder

Abstract In the American legal system, a defendant in a serious criminal case and parties in certain types of civil cases are entitled to a trial by jury. In both criminal and civil jury trials, jurors are drawn from a ‘fair-cross-section’ of the community. Although they are usually untrained in the law, jurors provide the ‘common-sense judgment’ of the community. At the end of a jury trial, whether in a civil or criminal case, the judge instructs the jury on the relevant law. The jury is supposed to use the jury instructions in the course of its deliberations, although much of the empirical and anecdotal evidence suggests that juries have difficulty understanding these instructions. This article examines why jury instructions are so difficult to grasp, and what steps judges and committees can take to make them more accessible to jurors. After discussing the language of the instructions, it looks at how the instructions are presented.

Jury instructions

Hung jury

Jury trial

Criminal case

10.1093/oxfordhb/9780199572120.013.0032

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Teaching Civil Procedure Stories (reviewing Civil Procedure Stories, Foundation Press 2004)

Journal of legal education (2005)

Nancy S. Marder

Foundation (evidence)

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The New ABA Jury Trial Standards: "Innovations" Go Mainstream?

Judicature (2005)

Nancy S. Marder

Mainstream

Jury trial

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The Power of the Jury

Nancy S. Marder

Offering an alternative view of the jury process, this book argues that each stage transforms ordinary citizens, who are oftentimes reluctant to serve on juries, into responsible jurors. Jurors, Professor Marder argues, are not found, but rather they are made and shaped by the jury process. This book analyzes each stage of this process, from initial summons to post-verdict interview, and shows how these stages equip jurors with experiences and knowledge that allow them to perform their new role ably. It adopts a holistic approach to the subject of jury reform and suggests reforms that will aid the transformation of citizens into jurors. By studying the jury from the perspective of jurors, it gives readers a better understanding of what takes place during jury trials and allows them to see juries, jurors, and the jury process in a new light.

Summons

Hung jury

Verdict

Jury selection

Jury trial

10.1017/9781108630009

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Not Guilty: Are the Acquitted Innocent? By Daniel Givelber and Amy Farrell. New York: New York University Press, 2012. 209 pp. $35.00 hardcover.

Law & Society Review (2013)

Nancy S. Marder

10.1111/lasr.12013

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Batson Revisited - Batson Symposium

SSRN Electronic Journal (2012)

Nancy S. Marder

The twenty-fifth anniversary of Batson v. Kentucky provides an important moment to reflect on Batson and to consider how this seminal case and its progeny have affected the use and abuse of peremptory challenges. I had initially welcomed the U.S. Supreme Court’s approach to peremptory challenges in Batson back in 1986. Although Batson was a compromise — preserving peremptories while seeking to address discriminatory peremptories — it had the noble goal of trying to eliminate discrimination during jury selection. I also embraced its expansion over the years. The logic of Batson was inexorable: just as prosecutors should not be permitted to use peremptories to eliminate African Americans as jurors, so too, defense attorneys and civil parties should be similarly constrained. Just as African Americans should not be subjected to discriminatory peremptories, so too, members of any race, ethnicity, or gender should not be subjected to discriminatory peremptories. However, over time I developed serious doubts that Batson and its progeny could achieve their central goal of eliminating discrimination during jury selection. Now, with twenty-five years of experience, we can look back and see just how ineffective Batson has been. This anniversary is an appropriate juncture to renew the call for the elimination of the peremptory challenge, echoing Justice Thurgood Marshall’s recommendation in his Batson concurrence twenty-five years ago.

Jury selection

Compromise

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