The decline of federal jury trials should concern all of us who care about the fair administration of justice in the United States.
In criminal cases, the jury acts to protect the individual against the power of the state and thus preserve liberty. As an institution, it is a decision-procedure for settling disputes that forces advocates to test their respective positions against the common sense of 12 or fewer ordinary persons whose judgment is guided by the judge’s legal instructions. It also serves the important democratic functions of enabling the average citizen to participate in an important process of government.
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