Trial by Jury

One of the most controversial issues today in the area of criminal justice is that of the right of all defendants to a trial by jury their peers. While most arguments are for or against this right, careful consideration of specific issues and kinds of cases suggests that trial by jury should not be abolished entirely, but should not be an absolute right. The idea of trial by jury can be retained in the American legal system through compromise and by limiting trial by jury to specific cases and courts. Having specialized courts for particular legal issues such as medical malpractice or other highly technical issues would remedy many of the problems that critics of the current system grapple with as legal scholars and moral individuals.

Often, as seen in the pairing of the essays of the noted defense attorney, media personality, and Harvard legal scholar Alan...
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