Arguments Against The Jury System

The jury system might be outliving its usefulness to society and the public because of its perceived time consumption and the tax dollars that are funneled into running juries. The jury system was instituted by the British government in 1846. These trials were often biased and were conducted with secrecy that was not open to the public. Later the constitution mandates the right of trial by jury for all civil cases, but included that they be “speedy, public, and fair” (Rottenerg 4) to ensure that they don’t turn into the trials that were held in eighteenth century Britain. The jury system should not be mandated by the constitution because it is very time consuming and, among other problems can, at times, be biased. The jury system can
This better be fast” in response to the foreman asking if the jury was ready. This is a good example of how most of the public views a trial by jury, which is just something to get done and over with to get back to regular life. It also symbolizes how the jury system takes a very long time in most civil cases to come to a conclusion. Another example of how the people have shown as dislike for juries is that “in England, where the jury originated, it has been all but abolished in civil cases” (Dershowitz 455), whereas the constitution forbids its abolishment. This has not stopped the jury from being belittled. The size that is required at the maximum number of people on a jury has been adjusted from twelve to only six and it no longer requires a unanimous vote in most countries, but to a two-thirds majority vote. This means that only four out of six people need to vote one way for it to be the standing ruling. That is if the jury even going to be tried, most cases are settled before the trial. The unpredictable results and the money involved in running a trial has also “driven many institutional litigants […] to demand that their customers waive trial by jury and accept […] arbitration” (Dershowitz 455). This allows them to make the process of settling