Twelve Warm Bodies
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​Why are such a high percentage of court cases not handled by a jury?

I always knew that an increasingly high percentage of court cases are resolved by way of plea bargains, complete dismissals, or by “bench trials” involving only a judge. However, I was very surprised when my informal research indicated that 97% of cases are not handled by a jury. There is every reason to believe that this percentage will steadily increase as the population becomes increasingly unfit for jury service in every manner of speaking. It will also increase as people become more and more frustrated with America's system of justice (or lack thereof), and become increasingly disgruntled and/or disinterested.

It is understandable that a court will do everything possible to convince an accused party to accept a plea bargain, perhaps by offering a short, easy prison sentence, if any. Jury trials are extremely costly and time-consuming. Courts don't have the time and money required to conduct a high volume of trials by jury, and certainly not many lengthy ones. 

Furthermore, it is a known fact that prisons are overcrowded—sometimes in breach of health and safety guidelines. There is no net benefit to society if we conduct a jury trial that results in sending a criminal to prison for a long time, only to be forced to release some other criminal back onto the street through the so-called “revolving door” in the form of a special “early release program.” The public is becoming increasingly aware of this phenomenon.  

There is also something to be said about the so-called “bird in the hand.” Even if an alleged criminal stands before a jury in a case in which there is a tremendous amount of believable incriminating evidence, there is always the risk that jurors will vote to acquit (for any one of countless reasons). This can easily turn into a “political nightmare” for all those concerned and affected. If an accused party accepts a plea bargain involving even a very short amount of time in prison, the public is often satisfied. We make our jokes about how the new inmate will learn the hard way to not drop the soap in the shower, and then we quickly move on to talking about the next exciting news story of the day. 

It is important that we avoid scenarios in which an accused party is set free and/or does not feel pressured to accept a plea bargain simply because not enough suitable jurors showed up for jury duty. This is one of the many reasons why it is important for people to serve when called or reschedule as needed unless they truly cannot reasonably do so. 

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 Copyright © 2016 Larry Zafran   |   First Edition Published November 2015   |   Site Last Updated October 1, 2016
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If you are called for jury duty, and are reasonably able to serve, it is important that you support your fellow American citizens
​by serving to the best of your ability and with complete honesty, even if serving is inconvenient and/or unpleasant.

Please help spread the word about this book if you agree with most or all of the points made.