Jury trials still on the decline, other trends identified in national jury improvement survey
July 24, 2024 -- Jury trials remain on the decline, according to findings in the 2023 State-of-the-States Survey of Jury Improvement Efforts. Trial volume and frequency and other pressing jury management issues, such as the sustainability of practices adopted during COVID-19, are among the survey insights featured in the latest update—the first since the State-of-the-States Survey was conducted in 2007.
“The 2023 State-of-the-States Survey findings show that state courts have made progress toward addressing problems in jury system management since 2007,” said Paula Hannaford-Agor, director of NCSC’s Center for Jury Studies. “In addition to replicating much of the 2007 survey, we also expanded the scope of questions, especially in surveys to trial judges and lawyers. The new insights help NCSC identify emerging trends and develop resources for state and local courts to address new problems.”
Declining jury trials
The new survey reveals a 66% drop in reported trials, falling from 148,558 in 2007 to just 48,764 in 2021. While the 2007 survey provided a generalized annual estimate, the 2023 survey directly asked courts about the number of trials conducted in three specific years (2019, 2020, and 2021). Numbers reveal a significant drop in 2020 due to the COVID-19 pandemic, with a partial rebound in 2021.
- 2007: 148,558
- 2019: 125,222
- 2020: 33,880
- 2021: 48,764
A closer examination of jury trial rates shows an even more dramatic picture. In 2007 the rate of jury trials per 100,000 population was 58.6, but this rate fell to 37.7 in 2019, a 26% decrease.
"This downward trend continued steadily from 2007 to 2019, even before COVID-19 significantly impacted jury trial rates," Hannaford-Agor said. "We can't yet determine if jury trials will fully recover from the 2020 low or if this represents a new baseline with further decline."
The survey echoes concerns raised by proponents of jury trials since the 1990s about their vanishing presence.
Additional trends
Responses from local courts, judges, and lawyers offer insights into additional areas including the effectiveness of different techniques for selecting juries and conducting jury trials, jury trials during COVID-19, and performance measures for jury operations.
Additional reports offering detailed examinations of current improvement efforts in jury system management and jury operations, criminal and civil trials, high-profile trials, and other issues related to juries and jury trials are expected later this month.
For more information, visit ncsc-jurystudies.org.
Announcing NCSC's New Podcast: "Jury Talk"
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