NCJ Number
108592
Journal
Harvard Law Review Volume: 100 Issue: 6 Dated: (April 1987) Pages: 1363-1381
Date Published
1987
Length
19 pages
Annotation
Judges in civil cases should take advantage of the opportunity the advisory jury system offers to bring democratic values into the administration of law and to restrain class biases and bureaucratic decisionmaking.
Abstract
Jury trial is available in civil actions either when it is guaranteed in the Constitution or when the trial judge believes it to be a good idea. The trial judge has broad discretion to call and submit questions to an advisory jury and to use or to disregard the findings of the advisory jury. In practice, judges who believe it worthwhile to empanel such a jury will listen to what the jury has to say. Courts have used advisory juries in cases involving equity, probate, admiralty, and other areas. The advisory jury offers a flexible adjunct to traditional courtroom practice and is thereby one of many tools of the alternative dispute resolution movement. It also represents community participation in the decisionmaking process. 117 references.