The Trial of Counting Trials

Abstract

“It is clear that the number of jury trials declined in many, perhaps most, jurisdictions … over the last fifty years.” As Professor Marc Galanter writes, this decline reflects a long-term phenomenon with roots beginning in the early twentieth century. I’ve previously brainstormed the causes of the decline in civil jury trials. I recently decided to see whether I could quantify this decline. Specifically, are some states exempt from the downward trend in civil jury trials? For reasons scholars like Professor Herbert M. Kritzer have pointed out, I eventually found that — despite comprehensive federal data — accurately measuring the decline in civil jury trials by state is fraught, maybe impossible. This is due to differences in methodology by state, especially regarding fundamental questions like the proper definition of the word “trial.”