In the Hands of the People: The Trial Jury's Origins, Triumphs, Troubles, and Future in American Democracy

$38.00
by William L. Dwyer

Shop Now
In a passionate warning that is not only well-reasoned, as becomes a renowned former trial lawyer and present federal judge, but is also a compelling and entertaining read, William L. Dwyer defies those who would abolish our jury system and hand over its power to judges or to panels of "experts." He aims, by making his readers aware of what should be done, to help us save what he calls "America's most democratic institution." In an overview of litigation's universe, Dwyer goes back several centuries to describe the often terrifying ways our ancestors arrived at verdicts of guilt or innocence. Tracing the evolution of our present-day system, he gives us excerpts from the actual records of such trials as that of young William Penn, arrested for preaching Quaker beliefs in public; the Salem witch trials; and the landmark civil rights trial of 18th century newspaper publisher John Peter Zenger, whose attorney was the original "Philadelphia lawyer." Along with these famous courtroom episodes are many never before described in print, all of them infused with the drama that gives life to the law. Dwyer's language is clear and engaging - a pleasant surprise for readers apprehensive about legal gobbledygook. He has a store of courtroom "war stories," some inspiring, some alarming, many enlivened by gleams of the author's wry humor. Underlying that humor, however, is the judge's fear that the jury system is endangered by neglect and misunderstanding, and could be lost without the public being aware of what is happening. The book shows that despite much adverse publicity, the American jury still works capably, at times brilliantly, when given a fair chance by the legal professionals who run trials. Consequently, the author deals with what has gone wrong with American litigation, the controversy over the jury's competence and integrity, and trial and pretrial reforms that must be made to save trial by jury and reshape American litigation in the twenty-first century. Drawing on his personal experiences and a review of famous American trials, Federal District judge Dwyer presents an upbeat appraisal of the jury system. While not a scholarly review like Leonard Levy's The Palladium of Justice (LJ 6/15/99) or a trenchant critique like William T. Pizzi's Trials Without Truth (LJ 1/99), Dwyer's book is well written and accessible to non-attorneys. He addresses criticisms of juries and illustrates his points by reviewing the Salem witchcraft trials, the O.J. Simpson trial, the Clinton impeachment, and numerous cases from his court. Dwyer ties juries tightly to democracy, arguing that stronger judges, not judge-only trials, are the answer to problems with the jury system. He advocates alternative dispute resolution and praises juries for their honesty, diversity, and freedom from corruption. For popular law collections. Harry Charles, Attorney at Law, St. Louis Copyright 2001 Reed Business Information, Inc. Dwyer brings 30 years of experience as trial lawyer and judge and passionate concern about the American court system to this examination of the history and future direction of the trial jury. Despite criticisms aimed at juries following verdicts in some high-profile, complicated trials, Dwyer firmly believes the system is worth preserving--with some fine-tuning. He first offers historical background on the adversarial tradition of court systems as context for the development of the current structure of juries. Dwyer emphasizes the changes in the American jury system that once allowed only white men to serve. In the second part, Dwyer focuses on controversies regarding jury competency and fairness, particularly in civil litigation. He examines some of the contemporary and practical problems associated with the jury system, areas that require changes to improve economies and fairness in application. By placing the jury system in the broader context of American democratic institutions, Dwyer underscores the need to maintain and reform trial juries. Vernon Ford Copyright © American Library Association. All rights reserved " In the Hands of the People should be read by everybody who wants to understand the liberties we protect through our jury system—and should be read by every judge and every attorney who will ever be involved in picking a jury. It is just that good."—Patrick J. Leahy, Chairman of the U.S. Senate Judiciary Committee " In the Hands of the People reminded me of how blessed we are to live in a system where the rule of law governs and where our rights are adjudicated by a peer group. Judge Dwyer's artful weaving of story after story, anecdote after anecdote, while educating his reader to the procedures and the philosophies of our system of advocacy is brilliant. This book deserves to become a classic."—Ronald Jay Cohen, Chairman, Litigation Section, American Bar Association "Judge Dwyer spent his life with juries—as trial lawyer, as judge, and now as scholar of the institution he reveres. With unpretent

Customer Reviews

No ratings. Be the first to rate

 customer ratings


How are ratings calculated?
To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It also analyzes reviews to verify trustworthiness.

Review This Product

Share your thoughts with other customers