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How to Fix Jury Syatem Essay

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Below is an essay on "How to Fix Jury Syatem" from Anti Essays, your source for research papers, essays, and term paper examples.

Title:
What is wrong with American juries and how to fix it. By: Willard, Richard K., Harvard Journal of Law & Public Policy, 01934872, Winter97, Vol. 20, Issue 2
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WHAT IS WRONG WITH AMERICAN JURIES AND HOW TO FIX IT 
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Contents
  1. II. OVERVIEW OF THE PROCESS
  2. III. PROPOSALS FOR REFORM
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I. INTRODUCTION
Our jury system does not function very well. In civil cases, we increasingly see the phenomenon of the Robin Hood jury awarding runaway damages based upon emotion and a misguided understanding of the law. In criminal cases, juries have a disturbing tendency to accept preposterous theories advanced by defense counsel and sometimes by overzealous prosecutors. The problem is that juries no longer represent a true cross-section of the community.
Exclusion of certain groups from jury duty has been and continues to be problematic. At one time in the not-too-distant past, racial minorities and women were excluded fromjuries systematically. The Supreme Court's decision in Batson[1] to fix that problem was certainly correct. Today, however, we have a different problem. People who are well-educated, well-informed, and independent-minded are increasingly excluded from juries either because they refuse to serve or because they are not allowed to serve.
Recent studies show that fewer than half of Americans who are sent jury summonses actually show up at the courthouse.[2] In addition, many people are excused during voir dire or turn out not to be needed.[3] Consequently, eighty-five to ninety percent of the people who are summoned for jury service do not serve.[4] These people who do not serve often are at least as qualified as or better qualified than those who do serve, because many of the reasons they do not serve are related to backgrounds and interests that would allow them to bring some...

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