Historical Perspective: Birth of the Jury System By 1764 every - - PowerPoint PPT Presentation

Historical Perspective: Birth of the Jury System

By 1764 every American colony provided for a right to jury trial Powerful juries protected the colonists from the Crown Great Britain retaliated – denying colonists the right to trial by jury of their peers The Founding Fathers reaffirmed the right to an impartial jury in the 7th Amendment to the United States Constitution

7th Amendment

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re- examined in any Court of the United States, than according to the rules of the common law.

Where Have the Trials Gone?

1962

2,765 Jury Trials 3,037 Bench Trials 50,320 Total Cases Disposed

2002

3,006 Jury Trials 1,562 Bench Trials 258,876 Total Cases Disposed

1962

11.5% of civil cases disposed of in U.S. District Court were by trial.

Civil Trials in U.S. District Courts Annual Reports of the Administrative Office of the United States Courts

2002

1.8% of civil cases disposed of in U.S. District Court were by trial.

1962

1 in 6 (16.5%) of tort cases went to trial

Civil Trials in U.S. District Courts Annual Reports of the Administrative Office of the United States Courts

2002

1 in 46 (2.2%) of tort cases went to trial

Reasons for the Decline

High litigation costs Perception that the jury system is unpredictable

Reasons For the Decline

Expectation by lawyers that cases will settle prior to trial ADR (mediation, private/public arbitration)

Verbal Attacks

Verbal Attacks by Politicians Verbal Attacks by the Public/Media

Criminal Trials

OJ Simpson Trial Robert Durst Trial

What Can We Do?

Educate the public

Be proactive Respond to misconceptions with facts McDonalds Scalding Coffee Case

Educate the media and civic group leaders Engage the judiciary in the discussion

DALLAS 2119279