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The Case for Trials: Considering the Intangibles

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  • Paul Butler

Abstract

In the United States, trials perform important functions that are difficult to quantify. Trials, for example, educate Americans about each other, and the law. They are a vivid, practical example of the faith in democracy that lies at the core of the American experiment. It is worrisome that trials are declining as trial arbiters—jurors and judges—become more diverse. The rejection of trials may also evidence a new and troubling cultural preference for compromise over standing on principles. The article recommends that trials be encouraged, including by reducing the costs of losing and by evaluating proposed laws and policies for the effect that they would have on trials.

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  • Paul Butler, 2004. "The Case for Trials: Considering the Intangibles," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 627-636, November.
    • Handle: RePEc:wly:empleg:v:1:y:2004:i:3:p:627-636
    DOI: 10.1111/j.1740-1461.2004.00017.x
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