What Is Wrong With American Juries

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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 Database: MasterFILE Premier HTML Full Text ------------------------------------------------- WHAT IS WRONG WITH AMERICAN JURIES AND HOW TO FIX IT ------------------------------------------------- Contents 1. II. OVERVIEW OF THE PROCESS 2. III. PROPOSALS FOR REFORM ListenSelect: 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 The problem is that juries no longer represent a true cross-section of the community.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…show more content…
ADLER, supra note 2, at 219. * 14. See id. at 56-57. * 15. See id. at 53,221. * 16. See id. at 222. * 17. See Gerald F. Uelman, Jury-Bashing and the O.J. Simpson Verdict, 20 HARV. J.L. & PUB. POL'Y 475,480-81 (1997). * 18. See U.S. DEP'T OF JUSTICE, BUREAU OF JUSTICE STATISTICS, SOURCEBOOK OF CRIMINAL JUSTICE STATISTICS 1995, at 80 tbl.l.79 (Kathleen Maguire & Ann L. Pastore eds., 1995) (listing juryfees by jurisdiction). Illinois's rate is lowest, at $4.00 per day; the federal rate is the highest, reaching $50.00 per day, in the discretion of the judge, if the trial is more than 30 days long. See id. * 19. See ADLER, supra note 2, at 51 (reporting that "[s]queezing into the friendly 'hardship' category is an art form practiced by many busy, well-educated people who otherwise would make excellent jurors"). * 20. See ADLER, supra note 2, at 34. ~~~~~~~~ By RICHARD K. WILLARD Adjunct Professor of Law, Georgetown University Law Center; Partner, Steptoe &

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