Judicature

A forum for fact and opinion relating to all aspects of the administration of justice and its improvement. Contains articles, news, and letters related to legal field.

Articles from Vol. 88, No. 6, May/June

12-Member Juries and Unanimous Verdicts: A Debate
IntroductionThe new ABA Standards Relating to Jury Trials, adopted in February, 2005, contain Principle 3: Juries should have 12 members; and Principle 4: Jury decisions should be unanimous. The Standards that complement these two Principles buttress...
AJS Bylaw Amendments Approved
On Saturday, June 4, 2005, the AJS Board of Directors held a special meeting and approved a series of Bylaw amendments that put into effect a new governance structure. The new Bylaws may be viewed at www.ajs.org. Any member may secure a copy by contacting...
An Essential Contribution to the Continuing Debate
An essential contribution to the continuing debate Thinking about Crime: Sense and Sensibility in American Penal Culture, by Michael Tonry. Oxford University Press. 2004. 272 pages. $30.The statistics are stark and overwhelming. In 1970, the incarceration...
DIVERSITY and GEORGE W. BUSH'S JUDICIAL APPOINTMENTS: Serving Two Masters
A: the start of President Bush's first term, the federal udiciary was almost evenly balanced between Repubican and Democratic appointees.1 In achieving this balance, President Clinton focused less on ideological ends, and appointed a cohort of highly...
Diversity on the Bench
Continuing the trend of the first two years of the Bush administration, there was a modest increase in bench diversification during the 108th Congress. As shown in Table 1, the percentage of nontraditional judges in active service increased by 8.7 percent,...
Judges' Views on Vanishing Civil Trials
The prevalence of trials as a means for resolving civil cases has declined dramatically in recent years in both federal and state courts.1 This is the startling conclusion of groundbreaking work spearheaded by University of Wisconsin Law School Professor...
Listening to Judge Lefkow
Public officials should exercise leadership by forswearing harsh and irresponsible rhetoric when discussing judges and court decisions and by unambiguously denouncing such rhetoric from others.Very different circumstances in recent months have again...
Partisan Makeup of the Bench
At the start of the 108th Congress, 49.4 percent of active judges on the lower federal courts were appointed by Republican presidents. By the time Congress adjourned, that figure stood at 52.5 percent. To a considerable degree, the pattern observed for...
Recent Bush Appointees
Below are biographical sketches of a sample of the Bush appointees to the federal district and appeals courts in 2003 and 2004. There were many to choose from; those profiled here are representative of the high-quality nominees confirmed by the 108th...
The Jury Revisited
Following is an edited transcript of a portion of the American Judicature Society Mid-Year meeting program in New Orleans March 4-5, 2005, titled "The Jury Revisited." The program consisted of four parts: The plain-English jury instruction movement (below);...
The New ABA Jury Trial Standards: "Innovations" Go Mainstream?
PanelistsStephan Landsman, professor, DePaul University College of Law and reporter for the ABA ProjectG. Thomas Munsterman, Director of the Center for Jury Studies, National Center for State Courts and ABA Project memberB. Michael Dann, retired Arizona...
W. BUSH'S JUDICIARY: The First Term Record
American politics intensified during the 2004 presidential election year. Although the appointment of judges was not a major issue in the campaign, both parties addressed it in their party platforms ' and on occasion the issue was publicly raised, particularly...