ABSTRACT
Ideal of Democracy, New York: Basic Books, 1994 Adler, Stephen J., The Jury: Trial and Error in the American
Courtroom, New York: Times Books, 1994 Busch, Francis X., Law and Tactics in Jury Trials: The Art of
Jury Persuasion, Tested Court Procedures, Indianapolis: Bobbs Merrill, 1949
Devlin, Patrick, Trial by Jury, London: Stevens, 1956 Forsyth, William, History of Trial by Jury, New York:
Franklin, 1971 (originally published 1852) Guinther, John, The Jury in America, New York: Facts on
File, 1988 Kalven, Harry and Hans Zeisel, The American Jury, Boston:
Little Brown, 1966 Levy, Leonard Williams, The Palladium of Justice: Origins of
Trial by Jury, Chicago: Dee, 1999 Spooner, Lysander, An Essay on the Trial by Jury, New York:
Da Capo Press, 1971 (originally published 1852) Thayer, James Bradley, A Preliminary Treatise on Evidence at
the Common Law, 2 vols, Boston: Little Brown, 1896-98; reprinted New York: Kelley, 1969
Scholarly research on the subject of trials basically falls into three areas: work on the history of the system of trials (usually encompassing both trial by jury and trial by judge or tribunal of judges); trial practice information for practitioners of law; and sociological studies on the nature of the components of a trial (judicial, attorney, and juror responses). All modern research, however, dates to FORSYTH. This began modern historical scholarship on trials with a comprehensive review of the nature of the trial in Europe and the US. It is still valuable for its comprehensive (and largely accurate) discussion of the history of trial by jury, from the ancient tribunals of Scandinavia to the mid-Victorian era. Forsyth also discusses the theoretical process involved in the jury system of trial, and concludes with specific illustrations from 19th-century English legal cases. Forsyth remains valuable for discussion and has hardly been supplanted by subsequent scholars.
