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 7 th Amendment to the United States Constitution

7 th 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 2002 2,765 Jury Trials 3,006 Jury Trials 3,037 Bench Trials 1,562 Bench Trials 50,320 Total Cases 258,876 Total Cases Disposed Disposed

1962 2002 11.5% of civil cases 1.8% of civil cases disposed of in U.S. disposed of in U.S. District Court were District Court were by trial. by trial. Civil Trials in U.S. District Courts Annual Reports of the Administrative Office of the United States Courts

1962 2002 1 in 6 (16.5%) of tort 1 in 46 (2.2%) of tort cases went to trial cases went to trial Civil Trials in U.S. District Courts Annual Reports of the Administrative Office of the United States Courts

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