From the January - February 2008 issue: Hung Juries The jury trial is one of the cornerstones of the American justice system, yet today, fewer and fewer civil cases are coming before juries. The AI asked two writers—Neal Ellis, a practicing lawyer, and William Tucker, a veteran observer of the American legal profession—to explain the phenomenon. [The jury] should be regarded as a free school which is always open and in which each learns his rights . . . and is given practical lessons in the law. . . . I think the main reason for the political good sense of the Americans is their long experience with juries in civil cases. —Alexis de Tocqueville,
Democracy in America

Ever since Tocqueville, American scholars, patriots and judicial officials all the way up to Supreme Court Justices have cited trial by jury as one of the cornerstones of American democracy. Juries prevent society’s most important decisions from falling into the hands of a narrow, self-interested elite. Juries bring common sense to a legal system that might otherwise become enmeshed in its own technicalities and obscurities. Juries ensure that an individual caught in the web of the justice system will ultimately be judged by his or her peers. As Supreme Court Justice William Kennedy put it in a recent decision, “With the exception of voting, for most citizens the honor and privilege of jury duty is their most significant opportunity to participate in the democratic process.”

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William Tucker has written extensively on the criminal and civil justice systems.
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