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A Trial by Jury
A Trial by Jury
Author: D. Graham Burnett
Publisher: Vintage
Category: Book

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Avg. Customer Rating: 3.0 out of 5 stars 44 reviews
Sales Rank: 433472

Media: Paperback
Number Of Items: 1
Pages: 208
Shipping Weight (lbs): 0.5
Dimensions (in): 8 x 5.3 x 0.6

ISBN: 0375727515
Dewey Decimal Number: 347
EAN: 9780375727511
ASIN: 0375727515

Publication Date: October 15, 2002
Availability: Usually ships in 1-2 business days
Condition: Some shelf wear, dog ears, or corner curl. (Books may or may not include additional materials such as CD's, cassettes, cards, dust jacket, etc. All our books are previously owned and may contain inscriptions, pen or pencil markings, underlineing or hightlighting. Please inquire prior to purchase for specific conditions.) All items ship out via USPS within 48 hours during normal business hours, excluding holidays. Please provide correct address for USPS delivery.

Customer Reviews:
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5 out of 5 stars An Intellectual Goes to Jury Duty   August 16, 2008
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. I am not writing this to sound smarmy, but just to let the reader know that while this is a story of a trial and the tensions arising therefrom, the reader should not expect anything resembling Ann Rule or even Truman Capote. [This mis-expectation, I think, accounts for several of the negative reviews.]

This is a autobiographical recount of D. Graham Burnett's jury duty on a murder trial. Burnett's rationle for recounting the trial is to give us a view of the machinations of the jury trial and, in so doing, reflect on such things as the difference between law and justice, and the ways in which we try to ascertain the truth of a matter when all we have are disjointed facts and clues.

The trial is that of Monte Virginia Millcray, who is charged with stabbing Randolph Cuffee about 20 times. Millcray says the stabbings were in self-defense, after Cuffee (posing as a woman) tried to rape Millcray. The prosecutions account is that Millcray and Cuffee were in a relationship and Millcray snapped.

About half of the book is about the courtroom drama and half is about the lengthy (20+ hour) deliberation process and it is clear that the author places much more emphasis on the latter half of the book. Witnesses are gone through rather quickly, summarized as might be done by a story teller quickly laying the obligatory groundwork for the "real" story. By contrast, Burnett's recounting of the jury deliberation is quite lengthy and detailed.

To this reader's mind, Burnett really does a good job with describing the jury deliberations and for those of us who've done jury duty before, much of his retelling will seem familiar. Tempers flare, opinions clash and fluctuate. Evidence is combed over again and again, in hopes that each time will reveal something missed the time before.

Burnett also reflects on the jury process. Some of his reflections - the mismatch between law and justice - are rather pedestrian and hackneyed. (I confess that I was sometimes annoyed that some of Burnett's more pedestrian reflections were sometimes treated as if he were the first to have thought of them.) Others - jury sequestration as an example of the virtually unlimited power of the state - were quite interesting. Either way, Burnett's retelling of the jury deliberation is as much recount as it is reflection. (If that would bore you, you might get bored with this book.)

"Trial by Jury" is not for everyone. As noted, it is not a "true crime" novel, and is not a page-turner. I don't think that was D. Graham Burnett's goal in writing the book. Rather, it is a sometimes entertaining and other-times thought-provoking examination of one man's experience with, and reflections on, a jury trial as a way to try and mete out imperfect justice in an imperfect world.



4 out of 5 stars eloquent defense of the jury system, warts and all   May 30, 2005
 3 out of 8 found this review helpful

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 uncertainty and fear, the perilous duty.

Many attack the jury system as criminally stupid. Yet as D. Graham Burnett's acerbic judge noted, jury duty is the highest civilian duty an American may fulfill in a time of peace. (Many condemn the military for similar density--even those who love it dearly.)

Burnett's book casts the jury experience as a journey. He strives to explain why a jury might decide that a moral wrong was not necessarily a legal wrong proven with sufficient certainty so as to punish a human being. As he depicts the deliberations, the book stretches tediously - repeating arguments, just as an actual jury would. A more dramatic presentation would slice a quarter or more from the book; but then the reader would miss the real-world of a jury.

After reading Burnett's, book one may understand that though the system is messy, putting facts into the hands of real human beings makes sense in our democracy. Also helpful for exploring the "black box" of jury reasoning.



3 out of 5 stars Honest Portrayal of Jury Life, but Lacks Courtroom Tension   January 27, 2005
 1 out of 3 found this review helpful

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. Burnett's writing style is casual and easily accessible in describing the jury he joyfully found himself leading.

The Manhattan murder trial has the defendant claiming self-defense. The burden of proof lies on the state to prove Monte Milcray did not act in self-defense after stabbing Randolph Cuffee twenty-odd times. Milcray's story about the hot August night changes several times. Erroneous facts spring forth as key elements begin to slowly seep into the story: a rendezvous encounter with a transvestite via the dating phone service. Unfortunately, the author decides to reveal the verdict in the opening pages of the book. Burnett then back peddles to the beginning: a week of jury selection, two weeks of evidence and then the four days of closed deliberations.

Clearly those who need instant gratification will love the author's choice for the up-front verdict. This reader would have preferred more tension in the vein of 12 Angry Men; the movie magnificently portrays the inherent conflict of twelve disparate people dissecting evidence to reach a conclusion. That balled-up tense feeling one gets in the gut is sadly absent here since we know the outcome early on.

However, there are many keen insights and fine discussions about law and justice. The juror Adelle says,
"I realized that what I keep wanting here is for us
to figure out some way to do justice, but I am
starting to realize that the law itself may be a
different thing. What is my real responsibility?
The law? Or the just thing? I'm not sure what the
answer is? We've been told that we have to uphold
the law. But I don't understand what allegiance I
should have to the law itself. Doesn't the whole
authority of the law rest on its claim to be our
system of justice? So, if the law isn't just, how
can it have any force?"

Burnett effectively brings us the emotions felt within the sealed jury room. The writing is palpable and quickly sparks one's imagination. The reader is privileged to the endemic shortcomings of the court. A Trial by Jury enables you to be the proverbial fly on the wall, listening and watching twelve individuals from various backgrounds decide a man's fate.

Bohdan Kot





4 out of 5 stars We the jury   June 29, 2004
 3 out of 9 found this review helpful

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 intepretation of the law; juries attempt to appease the judges by closely following the instructions and intrepretations in finding a verdict, their civic duty; the more constrainted the rules of law and admissible evidence the more influence the judge has over the outcome of the verdict; juries don't receive great threatment or financial compensation for their time and can be forced to remain silent, feed mediocre food, forced too appear in court with little regard too their personal considerations, and sequestered by confinement too a hotel.

I praise the author's courage in pointing out that juries have a responsibility to Justice and law secondary. Justice is the responsibility of the people. People's law guarantees liberty, justice, and truth. A jury is the people's last defense against a tyrancal government. If rules and evidence can be controlled, the final verdict of the jury can become predictable. I say, a jury should have the power too decided what evidence is admissible, a jury should have the power too decide, if a law is unconstitutional and have the right to dismiss the law according to their conscience.

A jury represents the finest power given too the people to administer Justice. Expediency is a power oriented goal for the law. Should a computer be given the power too decide guilt or innocence? The goal of law must always be too seek Justice. Objectivity and impartiality does not necessary guarantee justice. In any serious charge the defendant should always have the right to a jury. The power of Judges too administer Justice needs too be contracted and constrainted and the jury power expanded - maintaining the power too see Justice is served. Therefore, it seems the Judge and Jury are at odds with each other; the judge seeking more control over the jury by increasing his power and capability and the jury reliquishing its discernment power and confining itself too the boundaries of the law as explained by the judge. Can a judge rule on verdicts more wisely than a jury? Historically, for serious crime the English common law brought the King as a party in the criminal case? How did the crime hurt the king? Why did the king entangle himself into the criminal case? Is prosecuting crime really about forced collection of money?

An eye for an eye mean compensation for injury not revenge. The parties have the right to work out a negotiation for compensation. An eye for an eye did not mean two people walked around blind. Does the law sometimes attempt to be so objective that both parties walk around blind? Where is the discernment power? Should juries be given the power too discern guilt or innocence? Has law become too much like a business negotiation between a big company and the small business?

The power migration to the Judges must swing back towards the Jury. The defendant is entitled too defense counsel, a speedy trial, and an impartial jury for an serious charge. The state uses tax money to pay for courts and attorneys to represent the state's interest. It is in the best interest of the state to prosecute crime because crime is big business. When the defendants rights are forfeited, Justice is not served; Justice can not be fair if the power is removed from the people too decide what is Just.

The fact that the State becomes entangled in serious crimes where party one wrongs party two seems unconstitutional. The case should be between the parties involved in the crime. A fee should be paid to the court for usage of the facility. A jury should be selected from among individuals the parties know. A jury member should be able to bring insight and information to other jury members about the circumstances of the case.

The law should not be revengeful, instead it should only offer compensation for damage. In the Milcray case, the law measured "intent" equivalent with "depravation of human life"; so, if the defendant demonstrated by a reasonable doubt - heinous disreguard for human life, he could be charged with 2nd degree murder. The test for mental intent did not necessary have to be proven.


1 out of 5 stars Avoid This Book   May 25, 2004
 11 out of 18 found this review helpful

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 stupid, especially the ones that don't support his position. His arrogance comes through easily, making long winded speeches to his fellow jurors and "putting them in their place" when they say things he doesn't like (despite his being younger than most of them).

He says early on that it was his goal to "hang the jury," and the only rationale he gives for that is that his whole experience in life has been academia, where the discussion essentially never ends, and he just doesn't have it in him to make such a final decision. How odd!

There are no real insights into the criminal justice process, just lots of very high-brow language that sounds almost put-on. Also, he exerpts from his diary at one point--showing that even in his personal life, this fellow can only write pretensiously.

Avoid this book!

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