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Email: chapman@azlegal.com
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Will Jury Trials Soon Be Extinct?
Not everyone enjoys jury duty like I do. Though I have been summoned many times for jury duty, and would love to serve on a jury, alas, I never get picked.
Though juries play a vital role in our society, not everyone enjoys jury duty, and some do anything they can to get out of it. But, are jury trials slowly disappearing? Statistics over the past decade say yes, as less cases are being resolved by a jury.
For example, in the United States district courts in 2008, only 1% of the civil cases and 4% of the criminal cases filed proceeded to trial. The number of federal civil jury trials across the nation fell 4% compared to 2007, while the number of federal criminal trials dropped by 2% nationwide.
State courts have also seen dramatic decreases. According to the National Center for State Courts, between 1976 and 2002, the number of civil jury trials fell by two-thirds.
In Arizona, the phenomenon is happening as well. In 2001, the total number of civil cases resolved by jury trial was a mere 5%, and has continued to fall. In 2008, only 1% of Arizona civil cases were tried before a jury. Just 1%! The number of criminal jury trials in Arizona has also steadily plummeted. In Maricopa County in 2008, only 1% of the civil and 2% of the criminal cases were resolved by jury trial.
There are ways of resolving civil disputes without a jury. In most civil cases, a jury trial requires expensive preparation and needs much more time to present everything to the jury. For some, the time, costs and risks with a jury trial force them to look for different options.
There are less expensive alternatives to a jury trial, such as mediation and arbitration. They are generally more efficient and faster than a trial. Some litigants would rather have a trained mediator or arbitrator hear their case, rather than eight strangers.
There are times, though, you need to take a stand and take your case to a jury to let them decide and send a message to the wrongdoer. Some defendants often insist on having a jury trial, rather than mediation or arbitration. Not every attorney, however, has trial experience.
If you have any questions and need to talk to a trial attorney, please give me a call at 480 833-1113, or email me at chapman@azlegal.com