It has been estimated that the United States, with 5 percent of the global population, holds 90 percent of the world’s criminal trials and almost all of its civil jury trials. There is no doubt that the right to trial by jury is deeply ingrained in our sense of justice. Thomas Jefferson called trial by jury “the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” And William Rehnquist noted that “[t]he founders of our nation considered the right of trial by jury in civil cases an important bulwark against tyranny and corruption, a ‘safeguard too precious to be left to the whim of the sovereign.’” Nevertheless, over the last several decades the right to a jury trial in civil cases has been silently and slowly eroded.
Read the full article by Mark P. Robinson, Jr. and please post your comments. We look forward to your feedback.