The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries
Political Science Quarterly
This is a bold book. Professor Thomas urges that the jury—criminal, civil, and grand—be recognized as a fourth “branch” (p. 5). She asserts that procedures that have contributed to the reduction of the jury’s power—including summary judgment and state prosecution without grand juries—are unconstitutional. And, as a Plan B if her constitutional arguments do not prevail, she proposes big changes that include informing juries about sentence exposure, presenting juries with any charges that were offered in plea bargaining, and requiring that juries justify their verdicts.
The definitive version is available at: www.wileyonlinelibrary.com/journal/polq