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Missing in Action

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The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries by Suja A. Thomas (Cambridge University Press, $99.99, 262 pages)

“Juries should decide criminal and civil cases… And grand juries should decide whether charges proceed against criminal defendants in state courts prior to any plea discussions by the government.”

“Blackstone cautioned against establishing tribunals of judges and other persons to decide facts without juries. Other countries had done so, eliminating juries, and eventually devolved into aristocracies.”

University of Illinois law professor Suja Thomas’s review of the functions of the American jury is written in obtuse, legalese, textbook language: “A jury trial will not be required for a new cause of action for which money remedies are available unless the action is analogous to one that existed at common law.” This, and a price of $100, makes it difficult to determine who would serve as the audience for the book.

The premise of the work is that the jury is an increasingly powerless and limited aspect of the criminal and civil justice system; and the role of grand juries has also been eroded. This is definitely true at a time when over 90 percent of criminal cases are settled without a jury (e.g., plea agreements). I suppose Thomas has performed a service in detailing the history of juries in the U.S. and elsewhere, but I doubt that 262 pages was needed to make a single point.

I was on my way to potentially serve on a jury panel when I began to read the work. This led me to realize that there are two groups who might be interested in reading The Missing American Jury (presuming they can find a copy in a library); specifically, those called for jury duty and pre-law students. Law students will learn enough about the topic in their first-year classes.

Joseph Arellano

A review copy was provided by the publisher.

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Yeah, Yeah, Yeah

The Cambridge Companion to The Beatles, edited by Kenneth Womack (Cambridge University Press)

“(George) Martin was more impressed with the Beatles charisma than their early material.”

The Cambridge Companion to The Beatles is an excellent collection of essays concerning the band’s work.   This compendium manages to cover their musical career from simple rockers to complicated composers without missing a beat.   The chapter, “The Beatles as recording artists” quotes freely from recording engineer Geoff Emerick.   Although it’s a fine summary in a couple of dozen pages, it does not take the place of Emerick’s essential work, Here, There and Everywhere: My Life Recording the Beatles.

As with every account of the Beatles, things start out fine and fun before ending in the train wreck of the band’s dissolution.   We begin with Meet the Beatles and end up with the mishmash digital meddling – and mess – of Love.   It remains, all in all, a sad story.   (Hey Jude, anyone?)

One of the writers notes that major educational institutions – like Cambridge – now see the Beatles as a bona fide topic of scholarly inquiry.   Fine, but collections like this one completely omit the spirit of the Fab Four; their human energy if you will.   This reviewer thinks that mythologizing the Beatles is more destructive than constructive.   After all, as John Lennon said, they were just four guys in a band.   That was enough.

Well recommended.

Reprinted courtesy of Sacramento Book Review.

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