The Defending the Jury

This book sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive. Using the prism of the Sixth Amendment community jury trial, this book offers fresh and much-needed ways to incorporate the citizenry into the procedures of criminal justice, thereby resulting in greater investment and satisfaction in the system. It exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. Ultimately, the people's right to participate in the criminal justice system through the criminal jury - a right that is all too often overlooked - is essential to truly legitimizing the criminal process and ensuring its democratic nature. 'American criminal justice is adrift from its moral, democratic roots. In Defending the Jury, Laura Appleman shines a light on the many shadowy stages of America's impersonal, lawyer-run, plea bargaining assembly line. She explores the historic importance of juries as the conscience of the community; traces how criminal-justice insiders have steadily displaced outsiders' common-sense perspectives; and makes a strong case for better including citizens' voices at every stage, from bail through guilty plea, sentencing, and probation or parole. Clearly yet passionately written, Defending the Jury is a must-read for everyone concerned with America's broken criminal justice machine.' Stephanos Bibas, University of Pennsylvania, author of The Machinery of Criminal Justice 'Veteran litigators regard trying a case to a jury as the greatest thrill - but it's one that fewer and fewer lawyers experience, in today's age of bureaucratized, paper-pushing justice. Laura Appleman's innovative and thoughtful reform proposals, in addition to restoring the voice of the community to punishment, might also make practicing law more fulfilling and enjoyable for lawyers.' David B. Lat, former AUSA (federal prosecutor) and Managing Editor of Above the Law, www.abovethelaw.com1. Introduction; Part I. History in the Crucible: Rediscovering the Original Community Right in Criminal Justice: 2. The collective jury right and the Sixth Amendment; 3. The Supreme Court and the reaffirmation of community; Part II. Old Becomes New: Sixth Amendment Jury Rights and Twenty-First-Century Criminal Procedure: 4. Retribution, restorative justice, and the Sixth Amendment jury right; 5. Defining community in the twenty-first century: cities, counties, and collective action; Part III. Theory into Practice: Origins and Community in Modern Criminal Procedure: 6. Bail, jail, and the community voice; 7. Infusing community through criminal procedure: the plea jury; 8. Eradicating the bench trial; 9. Restoring the offender to society; 10. Back-end sentencing: the Sixth Amendment and post-prison procedures; 11. Jury nullification and victim rights: going past procedure; 12. Conclusion.