NCJ Number
50937
Editor(s)
R S JACOBSON,
B MORRISSEY
Date Published
1978
Length
111 pages
Annotation
RECOMMENDATIONS AND FINDINGS OF THE CONFERENCE TO EXAMINE THE AMERICAN JURY SYSTEM, SPONSORED BY THE ROSCOE POUND AMERICAN TRIAL LAWYERS FOUNDATION, ARE PRESENTED ALONG WITH BACKGROUND PAPERS USED FOR DISCUSSION.
Abstract
THE PAPERS ADDRESS ISSUES CONCERNING THE ENGLISH AND AMERICAN JURY SYSTEMS. THE ENGLISH JURY'S DECLINE IN CIVIL CASES AND ITS CONTINUED STRENGTH IN THE CRIMINAL SPHERE ARE EXPLAINED, AND PROSPECTS FOR THE RETURN OF THE CIVIL JURY OR EXTINCTION OF THE CRIMINAL JURY ARE CONSIDERED. THE AMERICAN JURY SYSTEM IS EXAMINED FOR EFFICIENCY, ALTERNATIVES TO THE PRESENT JURY SYSTEM ARE EVALUATED, AND THE IMPACT OF JURY SELECTION IS DISCUSSED. A STATEMENT ON THE GENERAL POSITION OF THE JURY IN THE AMERICAN JUDICIAL PROCESS IS PRESENTED, AND THE VARIOUS STAGES OF THE JURY SELECTION PROCESS ARE REVIEWED. A BRIEF SUMMARIZATION OF A 1977 SURVEY OF STATE AND FEDERAL TRIAL JUDGES IN THE UNITED STATES CONDUCTED TO ASCERTAIN THEIR VIEWS ON THE AMERICAN JURY SYSTEM IS PRESENTED. OF THE 3,446 RESPONSES RECEIVED, 90 PERCENT FAVORED RETENTION OF THE JURY SYSTEM. FINDINGS AND RECOMMENDATIONS OF THE CONFERENCE ARE SUBMITTED AT THE BEGINNING OF THE REPORT ALONG WITH RELATED COMMENTARY. IT IS SUGGESTED THAT ATTMEPTS TO RESTRICT, ERODE, OR DILUTE THE RIGHT TO A JURY TRIAL BE REBUFFED, THAT THE JURY SYSTEM BE RETAINED SINCE IT PROVIDES SUFFICIENT UNIFORMITY AND PREDICTABILITY IN ITS VERDICTS, THAT THE JURY IN CRIMINAL AND CIVIL CASES BE COMPOSED OF 12 PERSONS, AND THAT UNANIMOUS VERDICTS IN CRIMINAL AND CIVIL CASES BE REQUIRED. THE JURY PANEL SHOULD REPRESENT A BROAD CROSS SECTION OF THE COMMUNITY, AND THE COURTS SHOULD USE MORE EFFICIENT AND CONSIDERATE MANAGEMENT TECHNIQUES. DIRECT ORAL PARTICIPATION BY THE JUDGE AND LAWYERS IN VOIR DIRE IS DESIRABLE AND SHOULD BE ALLOWED. THE JURORS SHOULD BE ALLOWED TO TAKE NOTES ROUTINELY, AND THE JUDGE SHOULD NOT COMMENT DIRECTLY TO THE JURY ON THE VERDICT AFTER IT HAS BEEN ACCEPTED. DISSENTING COMMENTS ARE NOTED. LIST OF CONFEREES AND PERSONS INVOLVED IN CONDUCTING THE CONFERENCE IS PROVIDED. (DAG)