Laws Are Killing Jury Trials, Hurting Due Process, Study Says

By Marco Poggio (December 18, 2020, 6:52 PM EST) -- Mandatory arbitration, damage caps, criminal sentencing guidelines and mandatory minimum sentences have pushed plaintiffs and defendants to avoid jury trials, hurting their rights to due process, a new study found.

The study, released this month by the American Bar Association Commission on the American Jury and titled "Reasons for the Disappearing Jury Trial: Perspectives from Attorneys and Judges," concluded that certain laws have killed the incentives to take cases to trial, allowing plaintiffs to be forced into arbitration and pushing criminal defendants to take guilty pleas.

With that, the justice system has drifted away from its fairer institution, one of the...

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