NCJ Number
114209
Date Published
1988
Length
397 pages
Annotation
Based largely on a posttrial study of more than 350 jurors in civil cases as well as other research studies, this book presents a comprehensive portrait of the American civil and criminal jury systems, with a focus on the civil jury.
Abstract
A historical account of the evolution of the jury extends from the Middle Ages through the watershed John Peter Zenger trial to the present. After an examination of the structure of the current American justice system and the jury's role within it, two chapters describe the jury as a factfinding body, methods of jury selection, and the nature of the secret deliberations by which juries render their verdicts. A history of litigation in America notes how changes in the society occasioned developments in the law and the role of lawyers. The central issue considered is whether an explosion of litigation has occurred which requires draconian measures to bring it under control, including abandonment of or limitation of access to the right to jury trial. In addressing this issue, the book concludes that the so-called litigation explosion is largely a myth. The discussion further shows that the jury system, far from delaying justice, often serves to expedite it. Another significant conclusion is that supposedly exorbitant jury awards rarely occur, and when they do, they are almost always reduced by either judicial posttrial action or a compromise between the parties. A review of the research also indicates that juries are at least as capable as judges of resolving complex cases. Tables, chapter notes, subject index.