The Right to Trial by Jury
The right to trial by jury is one of the foundations of American democracy. Yet despite its constitutional protection, the number of civil jury trials has declined dramatically in recent decades.
A Right Rooted in History
The jury system traces its origins to 12th-century England and became an important safeguard against unchecked government power. When King George III restricted the colonists’ access to juries, the Founders considered it a serious violation of their rights. The Declaration of Independence specifically condemned the deprivation of the “benefits of Trial by Jury.”
After independence, the Founders created an independent judiciary and, in 1791, adopted the Seventh Amendment as part of the Bill of Rights, preserving the right to trial by jury in civil cases.
“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”
— Thomas Jefferson
Why Juries Matter
A civil jury places important decisions in the hands of citizens. Jurors hear the evidence, evaluate witnesses, apply the law, and determine the outcome of disputes affecting individuals, businesses, and communities.
Today, however, civil jury trials are increasingly rare. Court delays, the growth of mandatory arbitration, increased reliance on private dispute resolution, statutory limitations on damages, and other restrictions have reduced the number of disputes decided by juries.
The threat hides behind many names. Some call it ‘tort reform,’ ‘caps on damages,’ or ‘binding arbitration.’ Whatever the name, it’s a danger to all of us.
If someone you love is hurt by someone else’s negligence, you could lose the right to let a jury determine what compensation you should receive. If someone sues you, you could lose the right to explain your defense to a jury.
Our civil jury system is the envy of the world, and one of the few systems of its kind left anywhere. Many countries used to have civil jury systems, but they were eroded over time, along with the rights of citizens.
We need to work to preserve and protect this Right by improving the civil justice system, not abolishing it.
Preserve the Civil Jury
America’s civil jury system gives ordinary citizens a direct role in the administration of justice. Once diminished, that role can be difficult to restore.
ABOTA believes the answer is not to abandon the civil jury system, but to strengthen it — by improving access to justice, promoting efficient and fair trials, supporting an independent judiciary, and preserving the constitutional right to trial by jury for future generations.
Save Our Juries. Protect the Seventh Amendment. Preserve the right of citizens to decide.
