Add to ORKGCriminal juries have an uncertain task. While we tout their constitutional role\u27 in our justice system as the central fact finder, we are unsure about their fact-finding function. The uncertainty focuses on the level of factual specificity at which jurors must concur to convict a defendant. On one hand, we do not expect juries to reach a collective vision of past events in perfect detail. Jurors legitimately may find guilt though they disagree on the precise nature of the defendant\u27s acts On the other hand, we do expect convicting juries to agree with some specificity on the conduct warranting liability. A convicting jury must agree at least that the defendant has committed a particular crime. However, between these vague parameters l...
Priester argues that the Constitution does restrict the power of the legislature by requiring that c...
In recent years, the criminal justice community has become increasingly concerned about the possibil...
In many states, legislatures have mandated juryless fact-finding in common law–based civil cases by ...
Criminal juries have an uncertain task. While we tout their constitutional role\u27 in our justice s...
In recent decades, the potential for factual disagreement among convicting jurors has emerged as a p...
Criminal trials today are as much about the adequacy and legitimacy of the defendant’s accusers—poli...
(the) Supreme Court\u27s Sixth and Seventh Amendment jurisprudence has not created a more expansive ...
Ever since In re Winship in 1970, it is well settled that the Due Process Clause requires a jury to ...
The standard division of labor at trial is that jurors find facts and judges interpret statutes. But...
It would probably surprise the average American to learn that prosecutors need only prove guilt beyo...
Part I of this article briefly discusses the concept of proof beyond a reasonable doubt, along with ...
Recent scholarship on constitutional decision rules distinguishes courts from other constitutional d...
At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable...
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New...
(Excerpt) This Article questions that consensus. Joining a larger debate about the jury’s proper rol...
Priester argues that the Constitution does restrict the power of the legislature by requiring that c...
In recent years, the criminal justice community has become increasingly concerned about the possibil...
In many states, legislatures have mandated juryless fact-finding in common law–based civil cases by ...
Criminal juries have an uncertain task. While we tout their constitutional role\u27 in our justice s...
In recent decades, the potential for factual disagreement among convicting jurors has emerged as a p...
Criminal trials today are as much about the adequacy and legitimacy of the defendant’s accusers—poli...
(the) Supreme Court\u27s Sixth and Seventh Amendment jurisprudence has not created a more expansive ...
Ever since In re Winship in 1970, it is well settled that the Due Process Clause requires a jury to ...
The standard division of labor at trial is that jurors find facts and judges interpret statutes. But...
It would probably surprise the average American to learn that prosecutors need only prove guilt beyo...
Part I of this article briefly discusses the concept of proof beyond a reasonable doubt, along with ...
Recent scholarship on constitutional decision rules distinguishes courts from other constitutional d...
At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable...
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New...
(Excerpt) This Article questions that consensus. Joining a larger debate about the jury’s proper rol...
Priester argues that the Constitution does restrict the power of the legislature by requiring that c...
In recent years, the criminal justice community has become increasingly concerned about the possibil...
In many states, legislatures have mandated juryless fact-finding in common law–based civil cases by ...