Norman J. Finkel is Professor of Psychology, Georgetown University.

At a time when the jury system is under increasing scrutiny and there is evidence that jurors in some cases are rebelling against the law, Norman Finkel’s [book] is a welcome addition to the literature on this venerable but beleaguered institution. This book explores the relation between ‘black letter’ law and ‘commonsense justice’ or ‘community sentiment’… Finkel’s central question is ‘should the law follow the path laid by community sentiment, or should the community follow the path the law has laid?’… Commonsense Justice is a book of broad scope, embracing issues of substantive constitutional and criminal law and empirical research on juries.

• Introduction 1. In Search of Community Sentiment 2. Understanding Nullification 3. Revealing Jurors' Sentiments 4. How Jurors Construct Reality 5. Objectivity versus Subjectivity in the Law 6. The Sacred Precinct of the Bedroom 7. The Right to Die 8. Cruel and Unusual Punishment 9. Murther Most Foul 10. Death Is Different 11. The Juvenile Death Penalty 12. On Self-Defense justice 13. The Self-Defense Drama 14.The Maddening Changes in Insanity Law 15. How Jurors Construe Insanity 16. Murderous Passions, Mitigating Sentiments 17. The Path of Commonsense Justice Notes Index

Norman J. Finkel is Professor of Psychology, Georgetown University.

At a time when the jury system is under increasing scrutiny and there is evidence that jurors in some cases are rebelling against the law, Norman Finkel’s [book] is a welcome addition to the literature on this venerable but beleaguered institution. This book explores the relation between ‘black letter’ law and ‘commonsense justice’ or ‘community sentiment’… Finkel’s central question is ‘should the law follow the path laid by community sentiment, or should the community follow the path the law has laid?’… Commonsense Justice is a book of broad scope, embracing issues of substantive constitutional and criminal law and empirical research on juries.

• Introduction 1. In Search of Community Sentiment 2. Understanding Nullification 3. Revealing Jurors' Sentiments 4. How Jurors Construct Reality 5. Objectivity versus Subjectivity in the Law 6. The Sacred Precinct of the Bedroom 7. The Right to Die 8. Cruel and Unusual Punishment 9. Murther Most Foul 10. Death Is Different 11. The Juvenile Death Penalty 12. On Self-Defense justice 13. The Self-Defense Drama 14.The Maddening Changes in Insanity Law 15. How Jurors Construe Insanity 16. Murderous Passions, Mitigating Sentiments 17. The Path of Commonsense Justice Notes Index