Why are jury trials bad?
Asked by: Shyann Homenick | Last update: December 15, 2025Score: 4.4/5 (15 votes)
Like all humans, jurors are “fallible beings” who may have biases that can lead to confirmation bias – when jury members distort the evidence “against their preferred verdict”, or give “more weight to the evidence that favours their preference”.
What are the disadvantages of a jury trial?
There is no public record of how decisions are reached, which can prevent scrutiny of potential biases or errors. Additionally, jurors are generally prohibited from discussing their deliberations post-trial, which can hinder the ability to learn from and improve the jury system based on past experiences.
Why is the jury system not a good idea?
With limited knowledge of the relevant facts, the legal process or how similar disputes were resolved, juries are uniquely unqualified to render a proper result. It is hard to argue to the contrary that the trial by jury is a pretty lousy way to determine important public policy decisions.
What's so bad about jury duty?
Jury duty isn't lucrative. At 48.2%, financial inconvenience was the primary reason people avoided serving. Our findings also found other valid reasons: 19.3% feared consequences from their employer, 15.7% didn't have access to child care for the duration of the trial, and 2.4% had religious responsibilities.
Why would you not want a jury trial?
The common reason for opting out of a jury trial is that the defense is highly technical either because of the facts or the law, and would be hard for the jury to grasp. The nuances of the law at issue are not readily apparent to a ordinary juror, but are likely within the understanding of the judge.
The big problem with how we pick juries
What are the flaws of a jury trial?
Like all humans, jurors are “fallible beings” who may have biases that can lead to confirmation bias – when jury members distort the evidence “against their preferred verdict”, or give “more weight to the evidence that favours their preference”.
Is bench or jury trial better?
We recommend a jury trial because it's better to convince multiple people that you are not-guilty rather than one person. In a jury trial, all jurors have to be unanimous–if we can convince one person that you are not guilty, then you won't be convicted. In a bench trial, we only advocate to one person: the judge.
What are the cons of being a jury?
The Risk of Bias and Prejudice
Despite measures taken to ensure impartiality, jurors' personal beliefs or experiences can introduce bias into the decision-making process.
Why do people skip jury duty?
You can only be excused from jury duty for:
Undue hardship. Dependent care. Student Status. Military conflict.
How likely to be selected for the jury?
But the National Center for State Courts, an independent research organization focused on the state judiciary, has estimated that only about 15% of U.S. adults receive a jury summons each year, and fewer than 5% of those who are summoned end up on a jury.
Why do Americans hate jury duty?
And of course, some people don't get paid for jury duty. That sucks. Plus the hours are inflexible, which might cause problems that your regular job doesn't. Or maybe you don't work at all, and jury duty means needing to scrounge up daycare that you don't normally need.
Is a jury trial fair?
On the other hand, the jury's job is to serve justice by rendering a fair, impartial verdict on the proceedings. If a law is unjust, a judge without a jury would most likely rule by the law, and there would be no justice served because someone who should not have been jailed was sentenced.
How often do juries get it wrong?
From the observed agreement rates, the probability of a correct verdict by the jury is estimated at 87% for the NCSC cases and 89% for the Kalven-Zeisel cases. Those accuracy rates correspond to error rates of 1 in 8 and 1 in 9, respectively.
What are two things jurors should never do?
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them. Don't try to guess what might happen if the case you have heard is appealed.
What is jury trial issue?
Overview. Jury trials are trials that allow juries to make findings of fact and render a verdict for the trial . The judge decides questions of law , including whether particular items of evidence will be presented to the jury.
Is it better to have a jury trial?
Generally speaking, a bench trial is advantageous really in only a small percentage of trials. A jury trial is usually heavily favored by most defendants because it allows twelve persons, rather than one, to determine witness credibility and, in some cases, unreasonable conduct by police.
Can you never get picked for jury duty?
Jury selection is a random process. As such, there is always the chance that a person may never be called while another may be called several times.
What is the best excuse for jury duty?
- Medical reasons.
- Public necessity.
- Undue hardship.
- Dependent care.
- Student Status.
- Military conflict.
- Other reason deemed sufficient by the court.
What percentage of people get jury duty?
It is estimated that 14.4% of Americans are summoned for jury duty and approximately 11 million individuals report for jury service every year. 2 It is widely thought that jury service is a discrete event tied to the day an individual reports for service or is seated as a juror on a trial.
What is bad about jury duty?
First, juror compensation is not high enough to fully make up for the missed work. Second, jury service often feels like an extreme waste of time. To solve the first issue, many scholars recommend raising the rate of jury compensation. In California, compensation is $15 per day.
What is the biggest disadvantage of juries?
Juries sometimes have difficulty understanding judicial instructions and complicated evidence, are susceptible to emotional appeals, may be biased, deliberate in secret without accountability, and require concentrated trial of all issues at once.
What are the problems with jury trials?
- Wrongful Convictions and Excessive Sentences.
- Harm to Excluded Jurors.
- Compromising the Integrity of the System.
Why would someone not want a jury trial?
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
How to beat a jury trial?
Make the evidence clear and understandable. Give the jury road-maps as you put it together with them. Use diagrams or document summaries — anything and everything so the jury understands that you are doing whatever is in your control to give them the tools to put together the evidence.