The right to trial by jury
Journal of Applied Philosophy 21 (2):197–212 (2004)
| Abstract | This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gain or lose when we propose jury reforms. | |||||||||
| Keywords | jury trial jury right to jury trial legal philosophy philosophy of law trial | |||||||||
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Similar books and articlesJohn F. Quinn (1993). The Right to Trial by Jury. Social Philosophy Today 8:91-101.
Robert P. Burns (2011). Why America Still Needs the Jury Trial: A Friendly Response to Professor Dzur. Criminal Law and Philosophy 5 (1):93-95.
Albert W. Dzur (2011). “Why American Democracy Needs the Jury Trial”. Criminal Law and Philosophy 5 (1):87-92.
Thom Brooks (2004). A Defence of Jury Nullification. Res Publica 10 (4).
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