Syllabus

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Class Calendar

Feb 4: Welcome & Introduction
Class Objectives, Projects, Tools, Groups
Free Rice


Feb 5: Commonwealth v. Hebert
AMERICAN_JURY#Commonwealth_v._Hebert


Feb 11:
Discuss the Hebert Prosecutor's closing argument
Deliberation


Feb 12: Truth as a Resolver
Necker Cube - Truth as conscience
Jury and the jury process: An institution to carry forward collective aspiration
Who are "the people"
Why do we leave anyone out? Google_Book_Settlement


Feb 18: People of Conscience: Inherent human qualities upon which the jury process is built
Artists without money & the Net
Tools for Innovation
Eddlem - AMERICAN_JURY#United_States_v._Luisi


Feb 19: Re-enact Eddlem in Second Life


Feb 25: Automated Justice
Abelson, Ledeen and Lewis, “Blown to Bits” Chapter 6
Jury Selection in RIAA Cases
Relation between right to jury trial and right to public trial - courtroom in cyberspace


Feb 26: Lory Lybeck - The Case of Diane Marshall Briggs
See also Tanya Anderson


March 4: Jury Selection: Nuts & Bolts - Continuing Discussion from "Runaway Jury"
Organized by Team 1636


March 5: Nightline Post-trial Undercover Juror Investigation
In-Class Discussion


March 11: Jury Consultants: Special guests: Dave Weinberg and Johanna Carrane of Juryscope. Background Document: Media:jury_consulting.pdf
Organized by TeamNerfSword
Additional Topic - Scott v. Harris


March 12: The Rodney King case and the issue of race in jury trials
Video


March 18: The Jury and Race: Structure
Topic #1: Strauder v. West Virginia. (Wikipedia Case Summary)
See Also Batson v. Kentucky
Topic #2: A Civil Action: Judge Gertner & Prof. Nesson in RIAA Case: Prof Blog Commentary
Topic #3: NY Times Article - Internet and the Courtroom Here


March 19: Voting Rights Act Georgetown Panel


April 1: Juries on Reality TV - LA Times Article
Organized by Destiny's Child


April 2: Juries and the Media
Organized by The Rural Juror


April 8: Watch Professor Nesson in Court!
Commonwealth v. Cusick: Media:Marijuana-jury Brief.pdf
See also US v. Dougherty


April 9: Discuss Cusick and Dougherty


April 15: Jury deliberations, inside the black box
Organized by Leftovers


April 16: Guest speaker: Dehlia Umunna, clinical instructor at Harvard Criminal Justice Institute


April 17: Makeup Class for April 8. 3-5 pm block


April 22: High profile cases.
Organized by The Bedazzlers


April 23: Psychological phenomena related to jury decision making
Guest: Dr. Samuel Sommers
Organized by Runaway Jurists
April 29: Reprise of Nullification; Cusick and Dougherty


April 30: Concluding Thoughts

Topic Selection

Jury selection: The Nuts and Bolts

(How jury selection works) - Claimed by 1636
What are jurors automatically excluded for? Should they be?

Psychological phenomenon related to jury decision making

Claimed by Runaway Jurists

Jury consultants: what they do and what they can tell us about how jurors think

Claimed by TeamNerfSword
March 11: Special guests: Dave Weinberg and Johanna Carrane of Juryscope.

Portrayal of juries in the media

Claimed by The Rural Juror

"Jury-type" voting in reality TV shows (Survivor, Biggest Loser, etc.) compared to actual juries

Claimed by Destiny's Child

Jury Deliberations: Inside the Black Box

Claimed by Leftovers

Avoiding jury duty

Claimed by Destiny's Child

How do you find a fair jury in highly publicized cases where the risk of jury contamination is high?

Claimed by Bedazzlers

Juries as portrayed in the media

also claimed by The Rural Juror - we are everywhere


Unselected Topics

Historical evolution of the jury

What is the reasoning behind the size of the jury? e.g. why 12?

Unanimous verdict requirements--- good or bad?

Should there be competence requirements for jurors? Would this result in a weeding out of minorities or denial of a "jury of peers"?

Juries and damages awards. Too much? Judicial corrections of excessive damages

Will this result in a more disproportionate number of minorities being put in jail? Is there reason to think it would not?

No level of education requirement on jurors. Are we comfortable with that?

Legal theory of jury nullification - if jury nullification is permitted by law, then is it really lawlessness?

Role of jury in civil cases vs. criminal cases -Possibility of having expert juries.

Why do defendants sometimes choose to waive their right to a jury trial and instead opt for a bench trial?

How juries process expert testimony, evidence

Access to jury; structural problems at state-level, e.g. small claims courts –

Strategizing in jury selection - by attorneys, consultants - High-profile cases - special considerations?

Continuing to answer the questions raised by the lynch cases;

The importance of the rule of law and the problems posed by jury nullification: law as an expression of the will of the people; the need for immutable, enforceable guiding principles

How effective are juries in complex litigation settings? (ex. patent cases) to what extent are they influenced/manipulated by expert testimony?

What if the case is complex and the people on the jury do not understand the issues in the case?

The jury as a blackbox to give "moral certainty" to convictions. Good or bad? Alternatives?