Civil Juries in Maine: Are the Benefits Worth the Costs?

Throughout this century, legal scholars have vigorously criticized civil juries with little apparent effect. Despite the civil jury's long history of successful resistance to change, new considerations make it imperative that we conduct a fundamental review of the functioning of the civil jury as an instrument of justice for the twenty-first century. That review has begun in Maine. Under the direction of the Maine Supreme Judicial Court, a comprehensive jury management study has just been completed. Proposals for changes in jury management and efficiency are now being developed. As part of this process, we can simply perpetuate the past or take a fresh look and change direction if necessary. This essay advocates a fundamental review of the civil jury system. Although certain changes in current practices could improve the civil jury system, a basic change in the underlying system is preferable. The civil jury system has outlived its usefulness. The right to a civil jury trial, traditionally considered basic to our democratic government, must be limited in order to achieve the goals of our democracy—justice and fairness under the law.