The Possibility and the Promise of a Professional Jury in the United States.
If all we did was focus on unpleasant or awful aspects of the news (which, to a great extent we do), then the copious amounts of news stories about juries giving large sums of money based on fuzzy legal issues or due to personal injury cases involving fools would cause many of use to pull out our hair in anger. Or assemble a militia to go after these plaintiffs making off with a windfall of money. However, even though lawyers participate in the process of voir dire to weed out prospective jurors, this process can take some time and this happens to be the longest amount of time spent for the average citizen during jury duty.
Despite the probing questions, during which the lawyers ask whether the jurors know anything about the case, the individuals in court, and a variety of other topics. Sentiments, prejudices, and opinions tend to surface at this time, but we can't say with any certainty that the juror's opinions may pop out and the case may be decided by an issue totally unrelated to the trial (as the O.J. Case from 1997 taught us); issues such as racism, political sentiments, or something that hits a personal nerve.
Of course, there aren't many cases decided through "Law and Order" -style formats, but generally, the public at large isn't too inspiring when it comes to intelligence. Mark Twain famously said that "we have a criminal jury system which is superior to any in the world; and its efficiency is marred only by the difficulty of finding twelve men everyday who don't know anything and can't read.'" I would agree with this sentiment. Furthermore, renowned 19th-century individualist/anarchist philosopher Lysander Spooner criticized juries from his era as being "the tools of the retired business interests." Apparently, opinions about the public and their responsibility in the criminal justice system.
Rather than waste time and try the patience of the individuals selected for jury duty, why not institute a professional jury system? We have an abundance of lawyers in this nation (approximately 2.2 per person), some of whom perhaps are unemployed or underemployed. Why not use this section of the population as a pool of professional jurors? Lawyers, by their profession, spend their careers in the courtroom, and serving as a juror would serve a few purposes:
1. Trials can begin almost immediately, as the jury selction process can be eliminated, saving the legal system money since the county won't need to mail jury summons notices to thousands of people.
2. Judges won't need to instruct juries about what evidence to withdraw, restrict, or otherwise be guarded against.
3. Jurors will have an already thorough understanding of the legal process in question.
4. Professional juries will free the rest of the public from taking time off from work (or, in the case of Grand Jury summonses) with little to no guarantee that their employer will treat the employee fairly (which, by law, they must).
5. If nothing else, trained lawyers could use this as an internship of sorts; almost a form of student-teaching experience that new teachers endure, in order to get more experience hearing court cases for their future professional careers.
When it comes to payment, it will certainly cost more than the current to pay for jurors, but even if jurors were payed $150 per person per day, that would still save money in this system, since the courts won't need to pay money for mailings, save money because the voir dire process will save hours off the court case. Of course, saving money in the court proceedings for one profession may cut the pay for other court professionals making far less than lawyers. Court reporters, stenographers, court attendants, and other valuable but lower payed professionals would probably see their wages drop based on the hours saved in this process.
Type in "preofessional jury" on your favorite internet search engine and you'll get several thousand hits on other blogs regarding this topic. Oddly, I had no idea that this topic could generate so much thought and interest. I spoke about this topic a decade ago and wrote a paper about it in college (this is where I found out about Lysander Spooner). But I suppose that the other writers have had local court cases to earn their ire.
Certainly, a professional jury needs to have the pay scale situation resolved, but overall, having a jury of trained lawyers would better serve the legal system and this nation in general. Having knowledgeable and impartial jurors from the beginning of the trial is more beneficial than the current option. Potential money saved could be one benefit, but perhaps having a professional jury system could eliminate the possibility that court cases could be retried based on discrepencies with the jury from the previous trial.
Just a thought.
Despite the probing questions, during which the lawyers ask whether the jurors know anything about the case, the individuals in court, and a variety of other topics. Sentiments, prejudices, and opinions tend to surface at this time, but we can't say with any certainty that the juror's opinions may pop out and the case may be decided by an issue totally unrelated to the trial (as the O.J. Case from 1997 taught us); issues such as racism, political sentiments, or something that hits a personal nerve.
Of course, there aren't many cases decided through "Law and Order" -style formats, but generally, the public at large isn't too inspiring when it comes to intelligence. Mark Twain famously said that "we have a criminal jury system which is superior to any in the world; and its efficiency is marred only by the difficulty of finding twelve men everyday who don't know anything and can't read.'" I would agree with this sentiment. Furthermore, renowned 19th-century individualist/anarchist philosopher Lysander Spooner criticized juries from his era as being "the tools of the retired business interests." Apparently, opinions about the public and their responsibility in the criminal justice system.
Rather than waste time and try the patience of the individuals selected for jury duty, why not institute a professional jury system? We have an abundance of lawyers in this nation (approximately 2.2 per person), some of whom perhaps are unemployed or underemployed. Why not use this section of the population as a pool of professional jurors? Lawyers, by their profession, spend their careers in the courtroom, and serving as a juror would serve a few purposes:
1. Trials can begin almost immediately, as the jury selction process can be eliminated, saving the legal system money since the county won't need to mail jury summons notices to thousands of people.
2. Judges won't need to instruct juries about what evidence to withdraw, restrict, or otherwise be guarded against.
3. Jurors will have an already thorough understanding of the legal process in question.
4. Professional juries will free the rest of the public from taking time off from work (or, in the case of Grand Jury summonses) with little to no guarantee that their employer will treat the employee fairly (which, by law, they must).
5. If nothing else, trained lawyers could use this as an internship of sorts; almost a form of student-teaching experience that new teachers endure, in order to get more experience hearing court cases for their future professional careers.
When it comes to payment, it will certainly cost more than the current to pay for jurors, but even if jurors were payed $150 per person per day, that would still save money in this system, since the courts won't need to pay money for mailings, save money because the voir dire process will save hours off the court case. Of course, saving money in the court proceedings for one profession may cut the pay for other court professionals making far less than lawyers. Court reporters, stenographers, court attendants, and other valuable but lower payed professionals would probably see their wages drop based on the hours saved in this process.
Type in "preofessional jury" on your favorite internet search engine and you'll get several thousand hits on other blogs regarding this topic. Oddly, I had no idea that this topic could generate so much thought and interest. I spoke about this topic a decade ago and wrote a paper about it in college (this is where I found out about Lysander Spooner). But I suppose that the other writers have had local court cases to earn their ire.
Certainly, a professional jury needs to have the pay scale situation resolved, but overall, having a jury of trained lawyers would better serve the legal system and this nation in general. Having knowledgeable and impartial jurors from the beginning of the trial is more beneficial than the current option. Potential money saved could be one benefit, but perhaps having a professional jury system could eliminate the possibility that court cases could be retried based on discrepencies with the jury from the previous trial.
Just a thought.


With all due respect,Adam-and I do respect you However. With Congress and their votes bought and paid for,and the Supreme Court loaded with tools of the corperations,lets corrupt the only place a citizen can actually do their civic duty. A professional jury deciding cases against monied interests and of course the people's interests will be concidered . 'Allow Me to retort' OVER MY DEAD BODY. That has to be the worst 'idea' I have ever read and I've read PLENTY in the last 30 years of Repug rule.OK,Adam lets just give up the whole ball of wax to the corperations with unemployed lawyers deciding cases against the Esablishment. Dude. Put down the pipe or just admit you are a facsist. THE ONE THING that citizens have left to see justice done and You want to corrupt it. I'm not sure I want to read this site anymore. Everytime I come here,I get unsolicited e-mail in my box that slips through my filters.Hmmmmm. I wonder.....Perhaps I don't need to wonder anymore. Keep my 6 bucks and eat it. I got a professional congress. I got a professional army and CIA. Yeah,I need a professional jury to fuck us out of everything else the professionals haven't stolen or blown up tortured and killed. Real progressive thinking,Adam. Your words read better in the original German. I got a professional way of saying this- Your words reached my ears and fell back where they belong. In a small puddle of dog excremit I just wiped off my shoe with my nose in total revulsion. Good bye.And Good luck.
Reply to this
I want to amend one thing-Everytime I come to this site I get unsolicited SPAM that slips through my filters. So,Adam my constitutional right to redress is to be decided by lawyers.Let's all just burn the damn thing -it's only a piece of paper,after all.I need a few drinks.
Reply to this
What does Matthew think about this ?
Reply to this
Apparently,Matt has nothing to say. It's been a week. I don't speak for Matt. Or anyone else. I speak for myself.And for what I think is right. IF I don't get unsolicited spam in my e-mailbox, from this site I'm willing to be called wrong. There are enough rip-off artists around the world to tip this planet on it's axis. And given The Times we live in,I'm not sure that tipping is so far into the future.I've lived long enough to have been fooled by rats who extend a hand while hiding the knife in the other.It hurts,the first time. But, over time you tend to see the same guy or gals saying the same bulshit,smiling that same smile,and trying to be clever,thinking they got You as a mark. Except.I can see them from way off. It's always the same people. They just wear different clothes,or speak a new lingo. But. It's always the same person.I've met a hundred of em.And they hate guys like Me. Me,who sees right through Them and tells them 'I know who You are'. They prey on the stupid and gulible. Well,I guess I was both,for a while. But. Not anymore. Enjoy your life,gentlemen.'what's a thousand lawyers that were aborted? Justice.
Reply to this
This page added to Google cache Cached: http://google.com/search?q=cache:http://yellingatthemoon.com/2009/07/17/the-possibility-and-the-promise-of-a-professional-jury-in-the-united-states.aspx?ref=rss&ei=AFQjCNHajN_OX0kgxzx7UGA1yBffree PoRndfWq
Reply to this
I was very pleased to find this site. I wanted to thank you for this great read!! This is a very informative post, it helps me more.
Reply to this
This is really nice and interesting blog.I m glad to know. I admire the time and effort you put into your blog and detailed information you offer.
Reply to this
I always like your blog post because you always come with different ideas and information. I always shared your site post with my friends. Keep posting and i will follow you..
Reply to this
I really appreciate your professional approach. These are pieces of very useful information that will be of great use for me in future. Thanks for it.
Reply to this
Excellent read, really enjoyed this blog, your other blogs are great to
Reply to this