Structural and Functional Aspects of the Jury: Comparative Analysis and Proposals for Reform

Abstract

This article compares and contrasts the modern American jury with the civil law mixed court of professional and lay judges. The article concludes that several modifications could be made in the structure and function of the American jury in both civil and criminal trials in order to enhance the jury's ability to discover the truth and deliver justice. The more inquisitorial systems of the civil law jurisdictions may serve not only as a model for a more active judiciary, but also as a model for a more active role for the lay participants in the adjudicatory process. In the civil law law jurisdictions, this role is fulfilled by lay judges empaneled with professional judges on a mixed court. Here, in the United States, it may be fulfilled by members of the jury.

Keywords: Jury, jury reform, mixed court, lay judges, civil law