The power of the dark side is strong.
Come to the Dark Side. We have dark chocolate.
Barrister (non-practising these days) of quite a few years' call here. Seconded.
In the UK, jury trial has been removed from civil cases and remained in the Crown Court. Now we see changes afoot to restrict this further, and it is, quite frankly, the worst idea about justice I've heard in an age. Jury trial is a system of equity within law, and one which must be preserved precisely because most people value it and add value to it. Where there is doubt a jury will exercise it, in my experience. But that only happens where a jury and individual jurors are engaged and treat the system with the respect it deserves. The state asks very little in return for a right to vote; a little time to sit in cases where liberty is at stake is, relatively speaking, a very fair exchange.
That's all very well, but I think some people are skeptical about the jury process because:
a) Jury selection can take a long time. The employed have their own jobs to do, and the unemployed (if they have any sense) are looking for work.
b) Jury duty is important and worthy, but doesn't pay very much. If you're employed, your employer usually pays the difference. But if you're unemployed, you're stuffed.
These two factors are something to consider, especially when the person on jury duty is self-employed ... so every day on jury duty is a day they can't work. :-(
And here's another question to consider: the jury concept itself. When someone is on trial with a jury, it's meant to be "a jury
of your peers." Does that mean that if (say) a member of the English nobility is on trial, he can insist that the jury be composed entirely of noblemen?
There's also the fact that the jury can be swayed by several factors, especially the news or their own preconceived ideas. For instance, if a banker is on trial, and some members of the jury lost something (e.g. a home etc.) because a banking scandal, they would probably be prejudiced against this banker before the trial even starts. It's not fair or just, but it happens. *shrug* Is there a way to prevent or limit that?
There have also been numerous miscarriages of justice, and sometimes the jury (or police) can be perceived as being in the wrong - e.g. in the cases of Rubin "Hurricane" Carter or Rodney King.
Having said all that, the jury system is generally sound, and is certainly better than any other alternative. But it has its limits.