Ebook: In the Hands of the People: The Trial Jury’s Origins, Triumphs, Troubles, and Future in American Democracy

Dwyer, a veteran litigater and now a U.S. district judge, pleads the case for juries in the American legal system. The jury system needs support, he believes, because it is under increasing attack: in criminal cases, juries are decried as partisan and subject to manipulation, while in civil cases they are disparaged as incapable of sorting out complex issues. As an opener for his brief, Dwyer profiles the emergence of the jury as a mechanism for resolving disputes. Turning to the modern era, Dwyer examines the procedural safeguards (presumption of innocence, privilege against self-incrimination, right to counsel, etc.) created to assure the fairness of trials. For the author, trial by jury should be held in the same esteem and defended with the same intensity as these other fundamental rights. Dwyer observes that those who serve on juries commonly find the experience positive. Most judges agree with the verdicts of juries serving in their courts and, interestingly, nearly all judges say that if they were accused of crimes they would opt for trial by jury. Dwyer suggests several juridical improvements, including that lawyers heed the American Bar Association's assertion that they have "a responsibility to provide legal services to those unable to pay." Although readers with legal training will form the core readership, the book's compressed, plainspoken style renders the material accessible to lay readers concerned about the nation's judicial system.