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Commonsense Justice: Jurors' Notions of the Law
by Norman J. Finkel
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Commonsense Justice Jurors Notions of the Law Norman J Commonsense Justice Jurors Notions of the Law and millions of other books are available for Amazon Kindle Learn more Enter your mobile number or email address below and well send you a link to download the free Kindle App Commonsense Justice Jurors Notions of the Law Jurors decide that the law is unfair or the punishment inappropriate for a particular defendant they have sometimes nullified the law Nullification represents the jurys desire not to defeat but to perfect and complete the law It is the no confidence vote of commonsense justice refusing to follow the path the law has marked outand pointing Commonsense Justice Jurors Notions of the Law Edition Read an Excerpt These commonsense notions are at once legal moral and psychological They provide the citizen on the street and the juror in the jury box with a theory of why people think feel and behave as they do and why the law should find some defendants guilty and punishable and others not Commonsense Justice — Norman J Finkel Harvard When jurors decide that the law is unfair or the punishment inappropriate for a particular defendant they have sometimes nullified the law Nullification represents the jury’s desire not to defeat but “to perfect and complete” the law It is the “no confidence” vote of commonsense justice refusing to follow the path the law has marked out—and pointing to a new path based on what seem to be more just grounds Commonsense Justice Jurors Notions These commonsense notions are at once legal moral and psychological They provide the citizen on the street and the juror in the jury box with a theory of why people think feel and behave as they do and why the law should find some defendants guilty and punishable and others not Commonsense Justice Jurors Notions of the Law Free In Commonsense Justice however Norman Finkel rejects this notion of jury incompetence Finkel contends that jury verdicts are generally solid substantial and sound p 337 The defect in the American legal system is not the jury says Finkel but the law itself which is unduly preoccupied with the principle of objectivity Commonsense Justice Jurors Notions of the Law When jurors decide that the law is unfair or the punishment inappropriate for a particular defendant they have sometimes nullified the law Nullification represents the jurys desire not to defeat but to perfect and complete the law It is the no confidence vote of commonsense justice refusing to follow the path the law has marked outand pointing to a new path based on what seem to be more just grounds 0674005562 Commonsense Justice Jurors Notions of the Commonsense Justice Jurors Notions of the Law by Norman J Finkel and a great selection of related books art and collectibles available now at Commonsense justice jurors notions of the law Book Get this from a library Commonsense justice jurors notions of the law Norman J Finkel In this timely book Norman Finkel looks at the relationship between the law on the books as set down in the Constitution and developed in cases and decisions and what he calls commonsense Commonsense Justice Culpability and Punishment the Law must have its own commonsense notions5 its own commonsense psychology 6 and its behavioral assumptions about laws legal systems and legal processes7 The argument then is not about replacing blackletter law with CSJ but about CSJ informing Law perfecting Law and solidifying Laws institutional legitimacy9 5
