Trial by Jury: An Outmoded Relic?

Abstract

The system and use of the jury was originated as a protection against the despotism of kings and frequently has been acclaimed the “palladium of our liberties.”¹ Recent statistics have indicated, however, that over a period of years juries have been used to a decreasing extent, and that increasingly convictions in criminal cases are obtained on the basis of a guilty plea. To substantiate this, it has been stated that 86 percent of convictions in trial courts were on a plea of guilty, six percent were so adjudicated by the finding of a court acting as jury, while only eight percent were determined by a jury finding of guilt.²