Volume 8 (2010)
Volume 3 (2005)
Most Downloaded Articles
- Comparative Observations on the Burden of Proof for Criminal Defences by Ho, Hock Lai
- Scientific Evidence in Europe -- Admissibility, Evaluation and Equality of Arms by Champod, Christophe and Vuille, Joëlle
- The Narrative Fallacy by Menashe, Doron and Shamash, Mutal E
- From Liberal Extremity to Safe Mainstream? The Comparative Controversies of Witness Preparation in the United States by Vasiliev, Sergey V.
- The Fourth Amendment's Exclusionary Rule: Blurring the Line Between Rule and Exception by Heffernan, Liz
In Praise of the Jury Trial: A Review of Robert P. Burns' The Death of the American Trial
Citation Information: International Commentary on Evidence. Volume 8, Issue 1, Pages –, ISSN (Online) 1554-4567, DOI: 10.2202/1554-4567.1116, December 2010
- Published Online:
This essay reviews Robert Burns The Death of the American Trial. That book defends the jury trial against its critics and bemoans its demise by cataloguing the social functions the trial serves. These functions include individualizing justice, preventing elite dominance of the courts, de-thinging persons, empowering the weak, and protecting free speech. This essay explores how the rise of computer technologies and modern changes in the media make the trial's social functions even more important than Burns suggests.