Trial by Jury and Democracy

From Raw, tomorrow's New York Times has a fascinating story about the state of our justice system and how it speaks to our relationship with our government.


The Times points out in particular that "in criminal cases, the vast majority of prosecutions end in plea bargains" and quotes a judge as complaining that defendents "who have the temerity to 'request the jury trial guaranteed them under the U.S. Constitution' ... face 'savage sentences' that can be five times as long as those meted out to defendants who plead guilty and cooperate with the government."

The importance of trial by jury:

Indeed, juries were central to the framers of the Constitution, who guaranteed the right to a jury trial in criminal cases, and to the drafters of the Bill of Rights, who referred to juries in the Fifth, Sixth and Seventh Amendments. Jury trials may be expensive and time-consuming, but the jury, local and populist, is a counterweight to central authority and is as important an element in the constitutional balance as the two houses of Congress, the three branches of government and the federal system itself.