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A Trial by Jury [Paperback]

D. Graham Burnett (Author)
3.1 out of 5 stars  See all reviews (45 customer reviews)

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Book Description

October 15, 2002 0375727515 978-0375727511
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.

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Editorial Reviews

Amazon.com Review

Historian D. Graham Burnett writes about his experience as the foreman of the jury in a murder trial in New York City, what he calls "the most intense sixty-six hours of my life." There was nothing especially spectacular about the case; it was not a famous one, and while A Trial by Jury holds interest, it's not a John Grisham potboiler. Yet Burnett uses the experience to illuminate the heavy responsibilities of jury duty and all the maddening frustrations associated with determining something as deceptively simple as reasonable doubt.

"The jury room is a remarkable--and largely inaccessible--space in our society, a space where ideas, memories, virtues, and prejudices clash with the messy stuff of the big, bad world," Burnett writes in this elegant chronicle. His primary characters--his fellow jury members--come alive on these pages: "a clutch of strangers yelled, cursed, rolled on the floor, vomited, whispered, embraced, sobbed, and invoked both God and necromancy." He grows to like some, and "loathe" others. ("Are there some citizens not clearly able to distinguish daytime television from daily life?" he asks at one point.) Parts of the book are funny, as when he describes the small steps he took to encourage the trial lawyers to strike him out of the jury pool: "I promised to give any healthy prosecutor hives. I brought along a copy of The New York Review of Books just in case." Alas, Burnett found himself in the courtroom, and eventually he became foreman. This allows him to wrestle through the contradictory evidence presented by both sides--and forces him to conclude that even the truth can resemble a muddle when presented in court. He has trouble making up his own mind about the case--this is no Twelve Angry Men update, though its insights on jury-room dynamics are just as instructive. Burnett also ruminates on his own profession: "I realize now that for me--a humanist, an academic, a poetaster--the primary aim of sustained thinking and talking had always been, in a way, more thinking and talking. Cycles of reading, interpreting, and discussing were always exactly that: cycles. One never 'solved' a poem, one read it, and then read it again--each reading emerging from earlier efforts and preparing the mind for future readings." Jury duty, of course, demands an awesome finality--and the conclusion to the trial involving Burnett is one that haunts the author after the gavel falls. --John Miller --This text refers to an out of print or unavailable edition of this title.

From Publishers Weekly

Combining an ethical examination of civic obligation with a meticulous character study, Princeton historian of science Burnett (Masters of All They Surveyed) dramatizes his experience of being selected for jury duty in a capital case. Told as two parts of the same tale (trial and jury deliberations), the story is appropriately navigated between several Scylla-and-Charybdis pairings the court and the jury room, the truth and lies of the case, the application of laws and the fiery desire for justice. While the murder trial delves into sordid details of transvestism, male prostitution and rape, the tale takes its potent turn when Burnett is unexpectedly moved into the position of jury foreman (the original foreman simply disappeared one day) and must play a critical role in the jury deliberations. Holding other jurors' wide-ranging emotions in check while staying focused on the case himself, Burnett ultimately brings readers face-to-face with the stultifying bureaucracy of American law in praxis. Drawing on an academic and intellectual background, he builds an impressive melodrama and tense, emotionally exhausting scenes in the jury room that surely will recall Twelve Angry Men. But while the ruminations are articulate and engrossing, readers may wonder how Burnett plays a key role in the story while managing to remain distant enough to render the facts of the jury room as easily as he does. (Sept. 19)Forecast: Knopf is taking a big position on this, with a first printing of 100,000, a 10-city author tour and national advertising on CNN and Court TV, where Burnett will also make appearances. If he comes across as personable, his glimpse behind the closed doors of justice could tempt a wide range of curious readers.

Copyright 2001 Cahners Business Information, Inc.

--This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 208 pages
  • Publisher: Vintage (October 15, 2002)
  • Language: English
  • ISBN-10: 0375727515
  • ISBN-13: 978-0375727511
  • Product Dimensions: 5.1 x 0.6 x 8 inches
  • Shipping Weight: 7.8 ounces (View shipping rates and policies)
  • Average Customer Review: 3.1 out of 5 stars  See all reviews (45 customer reviews)
  • Amazon Best Sellers Rank: #347,789 in Books (See Top 100 in Books)

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Customer Reviews

45 Reviews
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 (9)
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 (10)
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Average Customer Review
3.1 out of 5 stars (45 customer reviews)
 
 
 
 
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25 of 30 people found the following review helpful:
2.0 out of 5 stars A Jury of One, August 25, 2002
By 
This review is from: A Trial by Jury (Hardcover)
I found this book in the library and at the time, had no knowledge of its publisher's heavy push, its substantial hardcover printing, or the author's 10-city book tour as mentioned in the PW and other reviews.

It seemed interesting, and the jacket blurbs referring to "Twelve Angry Men" were appealing.

Other reviewers have stated simply the differences between what the book jacket promises, and what's in the book. Literature, especially this type, responds to the world; it does not direct it.

I've heard dozens of people complain about jury duty, and dozens more say that it's pointless. Despite Professor Burnett's statements to the contrary (after these pages of complete self-obsession and disrespect for his fellow jurors, and every living being in the courtroom with the possible exception of the sommnolent history-loving bailiff) - his "affirmations" that the jury system still works, although men like his fellow juror Felipe should not be allowed to sit - this book tells the story of a jury of one. One man who is no better than, and perhaps a bit worse than all those other people who want to weasel out of jury duty, who don't take it seriously, or who think the system doesn't work.

Those who read this book will learn what the professor ate during sequestration (fruit, nuts, cheese, bread, fennel bulbs). Blood oranges! A dozen blood oranges in New York City. A blood orange is insipid, an expensive luxury that appeals to the eye, but tastes far less rich than an ordinary Navel. They will learn that men who wear large belt buckles that say "Rodeo" are usually knee-jerk conservative "good 'ol boys." Except sometimes they're not. They will learn that the Professor read The Economist during lunch breaks, while sitting in a pleasant, sunny corner. Eating fruit and nuts.

Imagine Bosie Douglas sitting on, and writing about a jury trial. The Professor describes, and quotes, his sixth-grade performance of "The Ballad of Reading Gaol." The witnesses in the trial at hand were mostly drag queens. They had names like Nahteesha and Hector-Laverne. I would like to have known more of them, but they, like everyone else in that courtroom and in that jury room, were not "real" to the Professor. They were neither orange, nor almond. Nor a hard wedge of cheese. Nor belt buckles.

The Professor discloses in a weak moment that he came into the trial wanting a hung jury. Before any evidence was heard, his initial plan was "hung jury." He spends the first days of his jury foremanship seeking that same hung jury, observing and manipulating the others and their various "camps" of guilty or not-guilty, then inexplicably, he changes and comes down on the side of "not guilty." And that is how all voted in the end. I'm not spoiling anything - there is no suspense whatsoever and the entire crime and the "end" is detailed in the beginning of the book.

Most people think the jury system is stupid, and that the legal system is even worse: fumbling, blindly cruel, ultimately injust. Most people would rather have a root canal than serve on a jury. Yet, I think, that if any of these same people were somehow indicted for a crime they didn't commit, every single one of them would want a jury of their peers.

Yet some people do not believe in the fundamental concept of "peer" or "community," and that is absolutely what this book is about. The Professor proposes no alternative to trial by jury; his single cogent, factual argument consists of explaining that "not guilty" is not synonymous with "innocent," and that is true. His example of why the jury system is flawed is Felipe, who seems incoherent and strange (although not provably "stupid," the author's efforts aside), yet it is the Professor who came into the situation committed to a "hung jury," and it is the Professor who manipulated and bludgeoned his fellow jury members into coming to a "not guilty" verdict after days of noncommunication about nonfacts. It does not seem from the limited description of the courtroom case that the State proved "beyond a reasonable doubt," and nearly everyone knows that this is what must be done for a conviction. So, there is a "happy ending" in the sense that this isn't about a miscarriage of justice, for the defendant doesn't seem to have been proven guilty.

This book proves that even the most effete, out of touch, biased, arrogant, bullying, self-obsessed, manipulative, confused and mediocre intellectual can function on a jury of peers and that said jury can come to a decision that was probably appropriate.

I don't know what to say about the publisher's evaluation that this was a book "about the jury system" or anything like "Twelve Angry Men," which depicts twelve individuals as opposed to a jury of one. I don't know what to say about why they thought this odd document that reaffirms that effete, capricious, self-obsessed faux-intellectualism is alive and well and that male academicians can still effectively bully female academicians perfectly well, without a second thought, or that people who dress, look, act, and obsess over perceived slights like Bosie Douglas are "the cutting edge" and worth 100,000 hardcovers and a ten book tour. Maybe it's really an amazing story because it's a wonder that a second murder wasn't committed in the jury room. I think that's it.

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15 of 18 people found the following review helpful:
1.0 out of 5 stars Why Academics Make Lousy Jurors, December 14, 2002
By 
steve davis (San Diego, CA USA) - See all my reviews
This review is from: A Trial by Jury (Paperback)
I've been a trial lawyer for more than 30 years. I've tried both civil and criminal cases. Currently I am a prosecutor. So I was interested in Burnett's book because it promised to give me a glimpse of how a jury conducts itself in deliberations. If the jury Burnett served on in Manhattan is any indication, it's like the saying that it's better not to see how sausage is made.
I don't fault all the members of this jury... A more alert prosecutor would have struck him at the outset when he observed him segregating himself from the rest of the jury panel, nibbling his fruits and nuts and reading his newspaper in the corner.
It is not the verdict the jury ultimately reached that is offensive. If the jury wanted to entertain a reasonable doubt whether or not the defendant acted in self defense, that was its prerogative. But to sit around and debate justice vs. the law for four days was simply a jury out of control, led by an academic who apparently operates on such a high intellectual plane that common sense is alien to him.
I'd be interested in what his fellow jurors make of Burnett's account of their common experience. My surmise is that they would not recognize his account. He was so off base that in the end, this is simply one man's subjective and distorted view of how the legal system functions.
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12 of 14 people found the following review helpful:
3.0 out of 5 stars The idea is great; the author, case and jury are less so, November 8, 2001
By 
P. Meltzer (Wynnewood, PA USA) - See all my reviews
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This review is from: A Trial by Jury (Hardcover)
The idea for this book was certainly a good one. Given how the whole jury system plays such a central role in our judicial system, it is rather surprising that there is so little material on what actually goes in inside the jury room. As Burnett rightly points out, it is a "largely inaccessible space in our society." Thus the book is certainly a step towards filling that void. That said, I found it somewhat unsatisfying for several reasons, some of them within the author's control and some of them not.

In various other reviews here, the author has been described variously as "pretentious" (on several occasions), "pompous", "snobbish", "holier-than thou", "smug", and "self-congratulatory". Anyone see a theme here? I don't really disagree with any of these and I would add pedantic, condescending and superior. It really comes through on almost every page. And yet, I have to say that with the possible exception of Adelle, no one else in that jury room seemed like a candidate for MENSA. In fact, a number of them, such as Felipe and Rachel, seemed like true idiots.

The overall lack of intelligence of so many jury members had several unfortunate consequences. First, with just a few exceptions, including some comments by Adelle and Dean, it made the deliberations (which take up half of the book) much less interesting than they otherwise might have been. Second, whatever sense of pedantry and superiority which is probably naturally latent in the author anyway were probably brought to the fore when he saw who he was dealing with.

Also, again though no fault of the author's, I simply didn't find the case he had to work with all that riveting. A man was lured to or went voluntarily to the apartment of some sort of man/woman/transvestite/cross-dresser/drag queen and either did or did not kill the latter in self-defense when the latter made sexual advances.

All in all, it was not a bad book by any means, but I don't think that it was the book it could have been either.

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First Sentence:
Randolph Cuffee took the first wound in the chest. Read the first page
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depraved indifference, jury room
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New York, Randolph Cuffee, Monte Milcray, Corlears Street, Stevie Trevor, Monte Virginia Milcray, Centre Street, Did Veronique, Leah Tennent, Suzy O'Mear, Thomas Mackelwee, Watutsi Lounge, Christopher Street, Jessica Pollero, Jim Lanes, Paige Barri, Richard Chorst, South America, West Village
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