The Civil Jury: Reviving and American Institution

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The civil jury has served as a pivotal institution in the United States’ social and constitutional structure since the founding. Despite this foundation, however, the majority of civil disputes today are resolved not by laypeople serving as jurors but through private and publicly funded settlement and arbitration proceedings. The result is a tragic loss of the demonstrable sociopolitical benefits of jury service. 

With these points in mind, this program focuses on reforms for reviving the civil jury as an institution, emphasizing that efforts must focus on removing barriers to jury access and enhancing fair and accurate jury fact-finding. 

Specifically, we offer the following research-based proposals:

1. Return to a jury-trial default rule; 

2. Eliminate legislation capping the jury’s damage-setting authority;

3. Expand the sue of innovative procedural tracks, such as expended jury trial projects;

4. Ensure that juries represent the communities form which they are drawn; 

5. Require the use of twelve-person civil juries; 

6. Adopt active jury reforms.

 

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