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The three volumes and the authors |
The new book "Trial by Jury in the National and International Jurisprudence Volume 5 C", was published in Argentina.
The production is part of Ad-Hoc Publishers´ prestigious "Jury Trial and Citizen Participation Collection", co-directed by professors Alberto Binder and Andrés Harfuch, which represents a milestone in the Spanish-language bibliography on trial by jury.
The book systematizes the most relevant rulings of the common law Supreme Courts and the European Court of Human Rights, fully translated into Spanish with great care and commented on by the most prestigious American scholars and from our country.
It has been possible thanks to the generous contributions of more than almost thirty translators who volunteered during these past ten years to translate the rulings and commentaries.
Following the publication of Volume 5 A (2016 see) and Volume 5 B (2020 see), INECIP and the AAJJ celebrate the beginning of 2025 with this remarkable book.
Like Volumes 5 A and 5 B, the book comprehensively addresses the major issues of jury trial from various legal and historical perspectives.
The selected rulings distill the accumulated wisdom of centuries of jurisprudence on trial by jury from the ECHR, the Supreme Court of the United States, Puerto Rico, Canada, Australia, New Zealand, and the House of Lords in England.
This Volume 5 C explores key issues such as the constitutionality of the general verdict (Saric v Denmark ECHR 1999), the constitutional requirement of unanimous verdict (R v Cheatle Australia 1993), the mandatory nature of jury trials (Singer v US 1965), jury instructions and the standard of proof beyond a reasonable doubt (Woolmington v UK 1935, Lifchus vs R Canada 1997 and Victor v Nebraska 1994), whether or not a judge should instruct on lesser offenses or included defenses (People v Javier González Colón Puerto Rico 1981), the protection of women's rights in voir dire (Taylor v Louisiana 1973 ) and the Indigenous jury (Keeble v US 1973).
Other relevant issues include the finality of the verdict and double jeopardy (R v Yebes Canada 1997 and Burks v US 1978), the rule of jury secrecy (R v Mizra Connor Rollock UK 2002 and Sanders v UK ECHR 2000) and the task of the reviewing court (Kurt Owen v The Queen New Zealand 2007).
This book will be indispensable for judges, lawyers, researchers and students in Argentina and Latin America. It is worth noting the value this work will have for reviewing jurisprudence on jury matters. Volumes 5A and 5B have sold out all its copies to date and has been quoted in the vast majority of the judgments of the reviewing courts of our country.
List of the authors:
Federico Domínguez
Andrés Harfuch
Hiroshi Fukurai
Marina Marmolejo
Víctor Vélez
Gabriel I. Anitua
Ricardo J. Cavallero
Alberto Bovino
Michael A. Johnston
Héctor Granillo Fernández
Nicolás Schiavo
Ignacio F. Tedesco
Marc Rosenberg
Alfredo Pérez Galimberti
As we said in 2020, "Latin America is on its way to consolidate a judicial system that brings with it centuries of a culture of republican values, transparency, and democracy. Learning from comparative experiences and the first major rulings of our own judges is crucial for law practitioners. History is unfolding before our eyes, and these books invite the reader to be part and play a major role in this unrepeatable moment".
This production is part of the prestigious Jury Trial and Citizen Participation Collection by Ad-Hoc Publisher, which includes the recent books such as “Treatise on Criminal Procedure in England, Scotland and North America” by Carl Mittermaier (ver) and "The Civil Jury", with authors like Shari S. Diamond y Valerie P. Hans (see).
With Volume 5 D (2026), the collection will have completed the most iconic rulings in the history of trial by jury. Then it will be the time for our own rulings to come, under the strong foundations of the common law jurisprudence.
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Rubén Villela, the legendary publisher of Ad Hoc with Andrés Harfuch |