Part I. History in the Crucible: Rediscovering the Original Community Right in Criminal Justice. The collective jury right and the Sixth Amendment; The Supreme Court and the reaffirmation of community Part II. Old Becomes New: Sixth Amendment Jury Rights and Twenty-First-Century Criminal Procedure. Retribution, restorative justice, and the Sixth Amendment jury right; Defining community in the twenty-first century: cities, counties, and collective action Part III. Theory into Practice: Origins and Community in Modern Criminal Procedure. Bail, jail, and the community voice; Infusing community through criminal procedure: the plea jury; Eradicating the bench trial; Restoring the offender to society; Back-end sentencing: the Sixth Amendment and post-prison procedures; Jury nullification and victim rights: going past procedure.
"This book sets forth a new approach to twenty-first-century criminal justice and punishment, an approach that fully involves the community and provides a better way to make our criminal process more transparent and inclusive. Using the prism of the Sixth Amendment community jury trial, this book offers fresh and much-needed ways to incorporate the citizenry into the procedures of criminal justice, thereby resulting in greater investment and satisfaction in the system. It exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice.Ultimately, the people's right to participate in the criminal justice system through the criminal law -- a right that is all too often overlooked -- is essential to truly legitimizing the criminal process and ensuring its democratic nature"-- Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 223-232) and index.
KF9680 .A97 2015
9781107043541 hardback 1107043549 hardback 9781107650930 paperback 1107650933 paperback 9781316236345