RESOLUTION OF MINOR DISPUTES AND THE SEVENTH AMENDMENT

• NCJ Number: 43611
• Journal: Marquette Law Review Volume: 60 Issue: 4 Dated: (SUMMER 1977) Pages: 963-972
• Author(s): J A STANLEY
• Date Published: 1977
• Length: 10 pages
• Corporate Author: Marquette University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: DELIVERED AS THE SECOND ANNUAL GOLDBERG MEMORIAL LECTURE, SPONSORED BY THE MARQUETTE UNIVERSITY LAW SCHOOL STUDENT BAR ASSOCIATION, AT MILWAUKEE, WISCONSIN, JANUARY 26, 1977.

Annotation

IMPLICATIONS OF THE SEVENTH AMENDMENT TO THE UNITED STATES CONSTITUTION, WHICH GUARANTEES THE RIGHT OF TRIAL BY JURY, FOR TRIBUNALS TO SETTLE SMALL CRIMINAL AND CIVIL DISPUTES ARE DISCUSSED.

Abstract

THE RIGHT TO TRIAL BY JURY WAS NOT INCLUDED IN THE ORIGINAL CONSTITUTION BECAUSE OF THE WIDELY VARYING PRACTICES OF JURY USE AMONG THE 13 ORIGINAL STATES. TO SECURE PASSAGE OF THE CONSTITUTION, THE ORIGINAL 10 AMENDMENTS WERE ADDED. THE SEVENTH READS 'IN SUITS AT COMMON LAW, WHERE THE VALUE IN CONTROVERSY SHALL EXCEED $20, THE RIGHT OF TRIAL BY JURY SHALL BE PRESERVED, AND NO FACT TRIED BY A JURY, SHALL BE OTHERWISE REEXAMINED IN ANY COURT OF THE UNITED STATES, THAN ACCORDING TO THE RULES OF COMMON LAW. 'IT WAS LEFT DELIBERATELY VAGUE TO ACCOMMODATE DIFFERENCES AMONG THE STATES. SINCE THAT TIME, THIS JURY TRIAL PROVISION HAS BEEN THE SUBJECT OF SUPREMEN COURT CASES IN BOTH CIVIL AND CRIMINAL MATTERS. IT HAS BEEN RULED THAT THIS AMENDMENT IS SATISFIED IF A LOWER COURT USING ARBITRATION PROCEDURES PROVIDES FOR RIGHT OF APPEAL TO A HIGHER COURT WITH JURY TRIAL. CRIMINAL CASES DECIDED BY POLICE MAGISTRATES HAVE BEEN HELD VALID SO LONG AS THE RIGHT OF APPEAL WITH A JURY TRIAL IS PRESERVED. FOUR METHODS EXIST FOR COPING WITH THE SEVENTH AMENDMENT THEN SETTING UP A NEIGHBORHOOD JUSTICE CENTER OR OTHER TRIBUNAL TO HANDLE MINOR DISPUTES. THE FIRST IS TO WORK FOR A CONSTITUTIONAL AMENDMENT TO REPEAL THE SEVENTH; THIS IS LONG, HARD, AND LIKELY TO FAIL. THE SECOND IS TO PROVIDE FOR A RIGHT OF APPEAL, WHICH HAS ALREADY BEEN HELD CONSTITUTIONAL. THE THIRD IS TO SET UP A TRIBUNAL LARGE ENOUGH TO SATISFY THE REQUIREMENTS OF A 'JURY,' POSSIBLY A THREE-OR FIVE-PERSON PANEL. THE SUPREME COURT, IN DEFENDING SEX-PERSON JURIES, HAS LAID DOWN GUIDELINES FOR WHAT CONSTITUES A 'JURY.' IT MUST BE 'LARGE ENOUGH TO FACILITATE GROUP DELIBERATION COMBINED WITH A LIKELIHOOD OF OBTAINING A REPRESENTATIVE CROSS SECTION OF THE COMMUNITY.' OR, FOURTH, ALL PARTIES TO THE DISPUTE CAN SIGN A WAIVER OF THE RIGHT TO TRIAL BY JURY. ANY OF THESE APPROACHES CAN EFFECTIVELY DEAL WITH THE PROBLEM.