Celebrate Law Day 2005

Speech Ideas and Talking Points

Juries: Bedrock Of Our Democracy

• One of the ideals American colonists fought for in the Revolutionary War was the right to trial by jury. In fact, the Declaration of Independence states that King George III had deprived Americans, "in many cases, of the benefits of trial by jury." Therefore, our country's founders embedded the principle of trial by jury in the Bill of Rights.

• Presenting your case to a jury of your peers is a cornerstone of American democracy. Just like voting or paying taxes, it's one of the central ways people take part in the public life in the United States.

• When we entrust jurors from our communities to decide legal cases—some of them involving millions of dollars or life and death issues—we reinforce our faith that ordinary citizens can make the right decision, and no individual receives special treatment because of religion or economic status.

• By giving individuals a prominent role in the justice system, we also put a human face on the law. The law might be constructed from afar, but the responsibility of each jury is to apply it locally. In the final judgment, our laws are not interpreted and enforced by plutocrats, politicians, or bureaucrats, but administered by the people—our friends, neighbors, and co-workers.

• The U.S. jury process is a model for other nations as they move toward democratic forms of government. The jury system is often implemented as part of a country's demonstration of its commitment to democracy. Both Spain and Russia added juries to their legal systems in recent years. We Americans applaud the expansion of legal rights and protections in foreign lands, even as many special interests here at home seek to undermine the legal rights of American families and the authority of citizen juries.

Juries Fulfill Their Mission

• The evidence suggests that juries get it right almost all of the time.
  1. The American people do believe that the jury system works. In a recent American Bar Association study, Perceptions of the U.S. Justice System, a sampling of the American public agreed by a 78 to 17% margin that "the jury system is the most fair way to determine the guilt or innocence of a person accused of a crime."
  2. A recent survey of federal judges parallels this idea. 97% of the 594 federal judges surveyed said they agree with the jury verdicts most or all of the time. Even more encouraging, by an 8-1 ratio, federal judges said that if they were on trial, they would prefer to have their dispute decided by a jury rather than a judge.

Jury Service Encourages Us to Become Better Citizens

• The French statesman Alexis de Tocqueville remarked in his travels through 19th century America that not only does the institution of the jury help improve the law, it helps cultivate and improve the jurors, too. It exposes them to the law, educates them about the complexities of the legal process, and helps them understand their civic duty. In de Tocqueville's words, jury service "rubs off that private selfishness which is the rust of society."

The Jury of the Future

• In many states across the U.S. and in law schools, jury commissions are hard at work developing innovative ways to improve juries and their performance. Law students, legal scholars, and judges have suggested ways of making jury service attractive and productive. With their help, juries will do their important work well for centuries to come.

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