Changing views of jury power

This article highlights the major events and empirical research in the continuing debate over the power and competence of the jury in civil and criminal trials. The concept ofjury nullification, the power of the jury to return a verdict based upon their moral conscience despite the evidence and the law, is used as a convenient filter to discuss the legal and behavioral assumptions about jury power and performance. The legal, historical, and even behavioral contexts reflect a bipolar theme in the level of trust Americans have exhibited towards the jury system. One pole reflects the notion that juries lack predictability and rationality in their verdicts and are moved by emotional concerns. Antipodally, juries have been thought to reflect an historical competence at applying common sense notions of equity and rationality to conflicted and ambiguous cases. This article traces the history of these two views of jury power and competence. A critical review of the empirical research that may inform the debate about the jury's competence in both criminal and civil arenas is provided.     

Democracy at Rest: Strategic Ratification of the Twenty-First Amendment

The Prohibition (Eighteenth, 1919) and repeal (Twenty-First,1933) amendments, which represent the only case of a later amendmentdirectly reversing an earlier one, were ratified by the twodifferent methods allowed by Article V of the United StatesConstitution: the former by state legislatures, the latter bystate conventions. This essay examines the legislatures-or-conventionsdichotomy as a microcosm of William Riker's treatment of liberalismand populism, with specific attention paid to the state conventionsthat ratified repeal. Using previously uncollected county datafrom the special elections to choose the 1933 convention delegates,this study demonstrates that invocation of the convention methodwas strategic, and intended not only to legitimate the Twenty-FirstAmendment but also to improve its chances of passage.     

Development and usage of a NIST standard reference material for real time PCR quantitation of human DNA

National Institute of Standards and Technology SRM 2372 human DNA quantitation standard has been produced to support the need for a human-specific DNA quantitation standard in forensic casework and calibration of new quantitative polymerase chain reaction (qPCR) assays. The conventional DNA concentration has been assigned with one of the U.S. National Reference UV/Visible Spectrophotometers, assuming an absorbance of 1.0 at 260 nm equals 50 ng/μL of double stranded DNA. In addition, an interlaboratory study has been conducted, to verify that the SRM 2372 materials perform well in currently used DNA quantitation assays by the forensic DNA community. Each unit of SRM 2372 consists of three well-characterized DNA extracts. Component A is a single-source human male material derived from blood. Component B is a multiple-source human female material derived from blood. Component C was purchased as a purified unsheared genomic human DNA (Sigma-Aldrich Co., St. Louis, MO) obtained as a lyophilized human genomic extract and has both male and female donors. SRM 2372 is intended to enable the comparison of DNA concentration measurements across time and place. Manufacturers can use SRM 2372 to validate the values assigned to their own reference materials. Individual forensic laboratories can use SRM 2372 to validate DNA quantitation methods and to verify the assigned concentration of in-house or commercial DNA calibration standards.     

Identification of shed or plucked origin of Indian peafowl (Pavo cristatus) tail feathers: preliminary findings

Indian Peafowl (Pavo cristatus) tail covert feathers were studied to investigate the difference between shed and plucked feathers in the context of wildlife offence cases involving the killing of the Indian national bird for the purpose of plucking feathers. Plucked feathers were distinguished from shed feathers by examining their roots under low magnification of a stereoscopic microscope. A chemical test to show the presence of blood on the roots of plucked feathers was used to corroborate the plucked origin of feathers.     

Book Reviews

Book Reviews in This Article:
America's Health Care Revolution. Who Lives? Who Dies? Who Pays? By Joseph A. Califano, Jr.
American Medicine: The Power Shift . By Eli Ginzberg
Health Services in the United States, 2d ed. By Florence A. Wilson and Duncan Neuhauser
The U.S. Health Care System. A Look to the 19905 . Edited by Eli Ginzberg.
Handbook of Health Care Risk Management . By Glenn T. Troyer and Steven L. Salman
Health Care Risk Management: Organization and Claims Administration . By Gary P. Kraus
Medicolegal Aspects of Critical Care . Edited by Katherine Benesch, Norman S. Abramson, Ake Grenvik, and Alan Meisel
Ethics and Critical Care Medicine . Edited by John C. MosLop and Loretta Kopelnian
The mentally disabled and the Law , 3d ed. By Samuel Jan Brakel, John Parry, and Barbaa A.