Why Juries Matter (.pdf, Word doc)
The Good News about Juries
An ABA-sponsored survey in 2004 showed:
- Three-quarters of those polled said that jury duty is NOT a burden to be avoided.
- 58% consider jury duty a privilege they look forward to fulfilling.
- Most of those who have served on a jury would like to do it again.
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Juries Have a Huge Impact
- Trial by jury is guaranteed in the Fifth, Sixth and Seventh Amendments
- Nearly a million Americans serve on a jury each year.
- About five times that number show up to their local courthouse to report for jury duty.
- Jurors decide between guilt and innocence, liability and non-liability.
- The decisions that jurors make affect millions of lives everyday and have a profound impact on our economy and our society.
- Few activities in our civic life provide such a direct contact with our democracy as does jury service.
- Besides voting, nothing is so active and participatory in nature. In fact, Thomas Jefferson believed that serving on a jury is more important than voting. He said, "I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution."
The Bad News
- Americans don't value jury service as much in practice. Courts all around the country continue to report serious problems with low response rates to jury summonses.
- 20% of people who actually receive a juror summons simply ignore the summons.
- The public is too often misinformed about jury service, perceiving it negatively, as an inconvenience to avoid.
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How to Reinvigorate the Jury
The time has come to:
a) Celebrate jury service as a privilege and responsibility
b) Provide jurors with the structure, environment, and tools to help them make the best decisions.
The key is to pay attention to the three c's.
1. Jury Composition: We need to enhance participation rates by
- Expanding source listsnot just pulling potential jurors from voting lists, but from a wide variety of lists that will truly give us a cross section of the public.
- Making notices more accessible and understandable.
- Limiting automatic exemptions for professions and limit peremptory challenges, in which lawyers can reject potential members of a jury without giving a reason.
2.Jury Comprehension:
- Every juror should be able to take notes.
- Under a careful process, jurors should be able to submit questions that they would like to have answered.
- Instructions to the jury should be clear and frequent.
- Legal jargon should be simplified.
3. Jury Convenience:
- Juror pay must be adequate
- Employers must give jurors the support they need
- The environment for jurors and potential jurors should be commensurate to the important role that they play.
The Future
We should never be satisfied with the status quo; we should always seek new avenues for improvement.
The lives of millions of Americans depend on it.
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