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Rethinking the Jury
Phoebe A. Haddon
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Abstract
This Article concerns the civil jury as a decision-making device of the American judicial system.There are, of course, other civil dispute resolution mechanisms, public and private, which have been considered, but none has been accepted in this country like the judge and jury method.See, e.g., CHARLES W. JOINER, CIVIL JUSTICE AND THE JURY 6-8 (1962) [hereinafter JOINER, JUSTICE AND THE JURY].The right to a jury trial is enshrined in the Seventh Amendment to the Federal Constitution and in most state constitutions.This Article does not consider how those state provisions have been read nor does it concern particular problems confronting states.3 See generally, e.g.,
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