ABSTRACT

The preceding chapter introduced the concept of jury justice. This chapter continues the inquiry by examining cases in which juries have exercised their power to do justice, as well as those situations where it would not be inappropriate for them to do so. While these defy neat categorization, it might broadly be said that a jury in a criminal case will judge the law and its sanctions, the substantive merits of the cause and the procedures whereby the defendant was brought to trial. Considerations of social justice may also at times come under a jury's scrutiny, as they perhaps do in civil cases where a jury in effect redistributes the wealth of the society by awarding seemingly exorbitant damages to an individual plaintiff against a large corporation, insurance company or other institutional defendant (Lempert, 1992). 1