NCJ Number
143169
Journal
Justice System Journal Volume: 16 Issue: 2 Dated: (1993) Pages: 45-67
Date Published
1993
Length
23 pages
Annotation
Debate continues about the ability of jurors to decide complex civil cases fairly, and this debate is hampered by the relatively small number of useful reports about actual jury deliberations in such cases.
Abstract
Opponents of jury trials argue that many recent cases present issues so difficult that ordinary juries cannot understand the testimony and therefore cannot be relied upon to reach a just outcome. Others argue that more information is needed before deciding whether to institute a complex case exception to the seventh amendment right to trial by jury. Complex civil cases are characterized by a large volume of information and technical evidence, as shown in the Havner v. Merrell Dow Pharmaceuticals case claiming that Bendectin caused the plaintiff's birth defect. This case raised questions related to specific causation, juror qualifications, difficulties created by the judge or lawyers, and jury understanding and assessment of scientific evidence. Further, it demonstrated that certain cases, such as those involving complex scientific evidence, pose special problems for juries and that resulting verdicts can be factually mistaken. 49 footnotes and 3 tables