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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related Sections

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!