On The Jury Trial

Two outstanding Texas trial lawyers—one of whom is now an equally respected district judge—have written On the Jury Trial, a “must have” reference for any trial lawyer aspiring to excellence or seeking to maintain it. Thomas M. Melsheimer and Judge Craig Smith have crafted a narrative-driven advice guide for trial lawyers to hone their craft. Chapter topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and “do’s and don’ts” provided throughout. Think of this book as the senior law partner’s memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice. The jury trial is a critical component of our democratic society, and its use in civil cases is unique to the United States. It is truly an example of our participatory democracy in action, and yet the jury trial is under attack from all sides, most notably from special interest groups who seek to have more cases decided by individual judges or by arbitration. These efforts have resulted in a decline of civil jury trials all over the country. A decline in the jury trial is a decline in justice. To preserve the jury trial, we must preserve the skills of trying a case effectively and efficiently. On the Jury Trial, in no small way, will add significantly to that effort.

When Princeton historian D. Graham Burnett answered his jury duty summons, he expected to spend a few days catching up on his reading in the court waiting room. Instead, he finds himself thrust into a high-pressure role as the jury foreman in a Manhattan trial. There he comes face to face with a stunning act of violence, a maze of conflicting evidence, and a parade of bizarre witnesses. But it is later, behind the closed door of the jury room, that he encounters the essence of the jury experience — he and eleven citizens from radically different backgrounds must hammer consensus out of confusion and strong disagreement. By the time he hands over the jury’s verdict, Burnett has undergone real transformation, not just in his attitude toward the legal system, but in his understanding of himself and his peers. Offering a compelling courtroom drama and an intimate and sometimes humorous portrait of a fractious jury, A Trial by Jury is also a finely nuanced examination of law and justice, personal responsibility and civic duty, and the dynamics of power and authority between twelve equal people.

Confronting readers with intellectual and moral dilemmas faced by real jurors, The Jury Crisis explores the near collapse of jury trials in America, examines alternative paths to justice and proposes how to restore trial by jury as the trusted foundation of American democracy.

Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.

Transform your classroom into a courtroom and get ready for students to take part in a great learning adventure. The six trial simulations in this book let students delve into criminal and civil law with motivating cases that mirror situations in fairy tales, nursery rhymes, literature, and history. In the roles of attorneys, members of the jury, defendants, witnesses, and courtroom personnel, students prepare and conduct cases. They will learn to use statements of fact and witness affidavits to determine guilt or innocence. The book is divided into three sections that: define the types of courts in the U.S. court system; explain how to carry out a mock trial; and give six ready-to-use court cases, including all necessary documents. The court cases allow students to understand both criminal and civil trials, with three types of each case. The cases allow you to stage trials involving Hansel and Gretel, John Wilkes Booth, Little Miss Muffet, Romeo and Juliet, Jack and Jill, and Little Red Riding Hood. Don't miss this opportunity to teach critical thinking and teach students how to weigh opposing points of view. The exciting results will motivate students to exercise their reasoning skills, polish their communication skills, and apply knowledge of the legal system. This will become one of your favorite classroom adventures. For more judicial activities, see Blind Justice and On Trial. Grades 5-8

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