The Missing American Jury
Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries
Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury.
This is not what the founders intended. Examining the Constitution’s text and historical sources, the book explores how the jury’s authority has been taken and how it can be restored to its rightful, co-equal position as a “branch” of government. Discussing the value of juries beyond the Constitution’s requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.
What Are People Saying?
Mark Cuban
Entrepreneur, Owner of the Dallas Mavericks, Shark Tank star and proud to have done his civic duty as a juror“I strongly recommend this book. Professor Thomas shares the importance of our jury system. It’s a right that you never think you will need… until you do.”
David Boies
Runner-up for Time Magazine Person of the Year, Lawyer in Bush v. Gore“Professor Thomas highlights a very real problem-as the number of jury trials declines in favor of ever more specialist judges and alternative procedures, justice may not always be best served.”
Wayne LaFave
Professor of Law, author of Search and Seizure, cited by US Supreme Court over 175 times"The Missing American Jury deserves attention from anyone concerned with the quality of civil, and criminal justice in America today. Professor Thomas documents the decline in the use and power of criminal, civil and grand juries and the adverse impact this has had on our processes of justice, and then presents a series of provocative proposals for restoring these juries to meaningful roles."
Nancy Gertner
Former federal judge, Senior Lecturer on Law, Harvard University"Thought-provoking and exhaustive, Professor Thomas’s book takes us to first premises-the core of the right to a jury trial and its undermining by the courts in decisions big and small. It is an important work, a must-read for lawyers, students, citizens, and most important, judges!"
Valerie P. Hans
Professor of Law, Cornell University, Co-author of American Juries: The Verdict"The Missing American Jury offers a compelling portrait of the disturbing decline of the American jury, and what can be done to save this cherished democratic institution…Professor Suja Thomas brilliantly integrates historical and legal sources along with empirical research to demonstrate the causes of the jury’s decline. She then proposes a range of innovations designed to restore the jury’s power, including informing judges about the reasoning behind jury verdicts and enlightening jurors about plea offers and sentencing…Anyone who cares about the future of trial by jury should read this book."
Lawrence B. Solum
Carmack Waterhouse Professor of Law, Georgetown University, Editor of Legal Theory Blog"More than any other modern scholar, Suja Thomas has made the case for restoring the jury to its original role as a critical institution for the preservation of liberty and democracy. The Missing American Jury makes a powerful case that the original meanings of Article III and the Fifth, Sixth, and Seventh Amendments have been ignored and distorted. This important book is essential reading for constitutional lawyers and scholars of both civil and criminal procedure."
Martin H. Redish
Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University"In recent years, Suja Thomas has provided a vitally important scholarly voice reminding us of the importance of the jury as part of our nation’s adjudicatory structure. In this book, she makes her most important statement yet concerning the jury’s centrality as part of the nation’s government…This is a thoughtful and provocative book and while some may disagree with its conclusions, no one will dispute the significance of its scholarly contribution."
James Oldham
St. Thomas More Professor of Law and Legal History, Georgetown University"Suja Thomas’s new book is a forceful effort to restore the jury to its rightful place in the apparatus of governance in the United States. She argues persuasively that the Supreme Court and a wide array of other forces and factors have unjustly marginalized the jury and have torpedoed its proper Constitutional functions. Her book is essential reading for legal historians and for all who are concerned by the diminished role of the Jury in American society."
About Suja A. Thomas
Suja Thomas is a Professor of Law at the University of Illinois. Her research focuses on the criminal jury, civil jury, grand jury, civil procedure, and employment law. She is working on a documentary related to her research and is currently a fellow with Kartemquin Films Diverse Voices in Docs Program.