January 01, 2014


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In Support of the Jury System

The Summer 2013 Litigation includes a letter by Stephen Fink lambasting American trial lawyers for supporting the jury system. He argues that such trials are a “costly relic” and are “inaccurate, inefficient, time-consuming and expensive.” He suggests that if there are disputes, a judge should reach the “complex truth” and “historical facts” involved. He argues that this would avoid a lawyer’s efforts to “deploy theatrical and (today) psychological skills to influence” results by presenting either unnecessary or tainted evidence. It would avoid lawyers presenting cases in ways to present “ ‘narrative’ morality tales.”

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