25 November 2006

Jury Duty

Early in their FFA studies, students are introduced to the concept of juries, something that makes the common law legal system somewhat unique. Despite a decrease of use in many common law countries, juries are still quite "popular" in the United States. This is primarily because in many instances the parties in a court action have a constitutional right to a jury trial, which is not the case in most common law jurisdictions. Yet the jury system in the United States also faces a threat to it's existence and legitimacy, namely finding enough people who want to be jurors. As the USA today recently reported:
No one keeps national figures on jury duty no-shows, but the American Judicature Society considers the problem an epidemic in some communities, especially large urban areas such as Miami, Houston and Atlanta, where no-show rates routinely top 50%, says David McCord, a society spokesman.
In short, people don't want to serve on juries. Is the right to a jury still meaningful if the jury pool is made up only of people who wish to serve on a jury?