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A Trial by Jury (Paperback)

by D. Graham Burnett (Author) "Randolph Cuffee took the first wound in the chest..." (more)
Key Phrases: depraved indifference, jury room, New York, Randolph Cuffee, Monte Milcray (more...)
3.0 out of 5 stars See all reviews (43 customer reviews)

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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.

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Product Details

  • Paperback: 208 pages
  • Publisher: Vintage (October 15, 2002)
  • Language: English
  • ISBN-10: 0375727515
  • ISBN-13: 978-0375727511
  • Product Dimensions: 8 x 5.3 x 0.6 inches
  • Shipping Weight: 7.8 ounces (View shipping rates and policies)
  • Average Customer Review: 3.0 out of 5 stars See all reviews (43 customer reviews)
  • Amazon.com Sales Rank: #160,155 in Books (See Bestsellers in Books)

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Customer Reviews

43 Reviews
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Average Customer Review
3.0 out of 5 stars (43 customer reviews)
 
 
 
 
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20 of 22 people found the following review helpful:
2.0 out of 5 stars A Jury of One, August 25, 2002
By Amy Sterling Casil (Redlands, CA USA) - See all my reviews
(REAL NAME)   
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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7 of 7 people found the following review helpful:
2.0 out of 5 stars Aargh!! Keep academics off your jury, October 25, 2003
By George (Martinsville, Va United States) - See all my reviews
This review is from: A Trial by Jury (Hardcover)
This book is painfully overwritten and the greatest blessing is its short length.

As a trial attorney I give it two stars because it does cover an interesting topic and a murder that is typical in its quirkiness.
But the story could have been told much more compellingly if the author had taken time after the trial (or during deliberations for that matter) to find out his fellow jurors true thoughts on the matter. As it turns out the book portrays the verdict as somewhat a trial by a judge .. with Judge D. Graham Burnette presiding.

For those who are fans of the courtroom drama or true crime novels, this is not your flavor. More autobigraphical and introspective than insightful into discovering the truth of the crime or what the other jurors really thought.

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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
(REAL NAME)   
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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Most Recent Customer Reviews

5.0 out of 5 stars An Intellectual Goes to Jury Duty
D. Graham Burnett's "Trial By Jury" is not a "true crime" novel. In fact, it is to "true crime" what Jane Austen is to Harlequin romances. Read more
Published 11 months ago by Kevin Currie-Knight

4.0 out of 5 stars eloquent defense of the jury system, warts and all
In a two hour film (e.g., "Twelve Angry Men"), an audience can't empathize with some crucial aspects of a jury trial: the tedium, the ridiculous density of certain jurors, the... Read more
Published on May 30, 2005 by Donovan G. Rinker

3.0 out of 5 stars Honest Portrayal of Jury Life, but Lacks Courtroom Tension
D. Graham Burnett, an assistant Princeton history professor, brings us a lively, honest look at the inner world of juries in the slim volume entitled, A Trial by Jury. Read more
Published on January 26, 2005 by Bohdan Kot

4.0 out of 5 stars We the jury
Judges have become too powerful; they tell juries what evidence is admissible and which pieces of evidence must be discarded; judges instruct juries on the meaning and... Read more
Published on June 29, 2004 by Golden Lion

1.0 out of 5 stars Avoid This Book
This is a terrible book by an atrocious author. The author is not very likable; at the start he has made up his mind about the case, so he makes fun of the other jurors for being... Read more
Published on May 25, 2004

4.0 out of 5 stars Listen to the recorded version
For those who found (or think they may find) this book pretentious or smug, I strongly suggest you listen to the recorded version. It's recorded by the author himself. Read more
Published on October 27, 2003

1.0 out of 5 stars Disappointing
In a word, disappointing. Overall, A Trial by Jury was a trial to read. It was slow moving and over written. The author spent too much time patting himself on the back. Read more
Published on May 3, 2003 by C. McCormick

3.0 out of 5 stars Must Read for Lawyers - laymen, watch the movie
The concept of this book is wonderful. Unfortunately, the vantage of the author isn't all that much different than the views of attorneys whose egos arrive long before they do... Read more
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1.0 out of 5 stars A Trial to Read
I understand the impact that serving on a jury has on an individual. My experience as a juror on a homicide trial led to my desire to go to law school. Read more
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5.0 out of 5 stars Excellent!
This is a great book. If anyone wonders what really goes on in jury deliberations, this puts you right there. Read more
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