The right to a jury trial is a fundamental feature of the
American justice system. In recent years, however, aspects of the
civil jury system have increasingly come under attack. Many
question the ability of lay jurors to decide complex scientific and
technical questions that often arise in civil suits. Others debate
the high and rising costs of litigation, the staggering delay in
resolving disputes, and the quality of justice. Federal and state
courts, crowded with growing numbers of criminal cases, complain
about handling difficult civil matters. As a result, the jury trial
is effectively being challenged as a means for resolving disputes
in America. Juries have been reduced in size, their selection
procedures altered, and the unanimity requirement suspended. For
many this development is viewed as necessary. For others, it
arouses deep concern.
In this book, a distinguished group of scholars, attorneys, and
judges examine the civil jury system and discuss whether certain
features should be modified or reformed. The book features papers
presented at a conference cosponsored by the Brookings Institution
and the Litigation Section of the American Bar Association,
together with an introductory chapter by Robert E. Litan. While the
authors present competing views of the objectives of the civil jury
system, all agree that the jury still has and will continue to have
an important role in the American system of civil justice.
The book begins with a brief history of the jury system and
explains how juries have become increasingly responsible for
decisions of great difficulty. Contributors then provide an
overview of the system's objectives and discuss whether, and to
what extent, actual practice meets those objectives. They summarize
how juries function and what attitudes lawyers, judges, litigants,
former jurors, and the public at large hold about the current
system.
The second half of the book is devoted to a wide range of
recommendations that will both improve citizens' access to jury
determinations and help resolve disputes in a more effective and
efficient manner. Among their many suggestions, the authors call
for changes in trial procedures and techniques that would improve
the ability of jurors to understand the lay and evidence, a
reduction in administrative costs and delays, and a change in they
way juries are chosen. The authors also recommend shorter hours and
more pay for jurors, greater flexibility in court schedules, and
elimination of alternate jurors. In the final chapter the civil
jury is considered in the broader context of how society resolves
or manages civil disputes.
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