The Jury and the Court Delay

Abstract

To save court time, and thereby reduce court congestion, it has been suggested that the civil jury be abol ished. But the actual amount of time that could be saved is too small to warrant by itself such a move. So basic an herit age of our judicial system should be abolished only if we con sidered this to be an advisable step also in a nondelayed court system. Nor do the various proposals aimed at encouraging voluntary waiver of juries hold much promise. But while the number of jury trials should not be curtailed, much can be done to shorten them, through expeditious impaneling of jurors and especially through greater control of court proceedings by the judge. An innovation which promises considerable savings is to separate liability and damages in the jury trial and to try damages only if the jury finds liability. But whatever means are proposed to reduce court congestion and delay, none should be accepted unless it preserves the best in our legal system.—Ed.