by Audrey Howitt

Created on: October 22, 2010   Last Updated: October 25, 2010

The American legal system has long depended upon the lowly juror to effectuate justice within its system. The primary function of a jury is to protect citizens from abuse by governmental entities.  We require a preponderance of evidence to convict someone of a criminal charge.  A jury of peers remains the safeguard against abuse by governmental entities such as police, judges and such.

But let’s face it, for many of us serving on a jury is a chore.  Even if we are in a position in which our employer will pay us for the time spent waiting in a jury pool, wait we do.  For many of us, the hours of waiting can feel like a huge waste of time and energy.  We may wait along with other potential jurors for a full day before determining whether we will be called to a court room or dismissed.  If we are called to a court room, the process of voir dire, or questioning of potential jurors before trial, can be long and feel intimidating. Furthermore, attorneys have developed a trial form that demeans the juror.  Can you imagine sitting as a juror in a trial spanning weeks, not being allowed to take notes during the trial, not being allowed to discuss the proceedings, not being allowed to ask questions, and worst of all, being sequestered.

We no longer recognize the benefit to society from serving. No wonder we don’t want to serve anymore.  Courts now attempt to bully us into serving. Given all of the above, reform is needed.

With increasing numbers of cases being resolved through mediation and arbitration, fewer cases now go to jury trial.  Between 1976 and 2002, the number of jury trials in state courts declined by 32%. [i]  While this decline may reflect a clearing of overcrowded court dockets, it also speaks to the decline of the jury system as a whole.

For purposes of this article, I am addressing jury reform at the state court level rather than at the federal court level.  Whatever the mechanism required to effectuate reform, the following are reforms that I believe must be enacted in order for the system to work and for jurors to feel respected and honored to act as part of that system.

Reform #1: Allow Jurors To Take Notes.  

Jurors are required to determine what facts to believe, which witnesses to believe, what experts to believe. Often, cases present complex issues and convoluted facts. Allow jurors to take notes during a trial. It helps the jurors sort through and remember the facts and witnesses

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