Home > FT > How to Revive the Jury: One Judge’s Observations

How to Revive the Jury: One Judge’s Observations

The Honorable Stephanos Bibas
93 Geo. Wash. L. Rev. 1377

Juries and jury trials are an important pillar of American democracy but have increasingly become obsolete, due largely to the professionalization of lawyers and the resulting complexity of litigation. Judges can do much to reverse this trend—for instance, by streamlining pretrial management, limiting discovery, employing time limits, simplifying jury instructions, and curbing wasteful questioning. These modest reforms would not restore juries to their historic prominence overnight, but they would make jury trials more accessible and help preserve the jury’s essential role in legitimizing justice.