Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended.

So explains Professor Suja Thomas in her new book, The Missing American Jury(Cambridge). 

Examining the Constitution’s text and historical sources, the book explores how the jury’s authority has been taken and how it can be restored to its rightful, co-equal position as a “branch” of government. Discussing the value of juries beyond the Constitution’s requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.

Of her book, Thomas says, “The Missing American Jury is the culmination of several years of research to show how jury power has disappeared and how it may be restored. Through the book, I hope to inform the public about this unknown phenomenon of the missing American jury.”

The book has been well received.

Mark Cuban, entrepreneur and owner of the Dallas Mavericks praises: “I strongly recommend this book. Professor Thomas shares the importance of our jury system. It’s a right that you never think you will need… until you do.”

David Boies, runner-up for Time Magazine Person of the Year and infamous lawyer inBush v. Gore, claims: “Professor Thomas highlights a very real problem-as the number of jury trials declines in favor of ever more specialist judges and alternative procedures, justice may not always be best served." 

The Library Journal says, “[Thomas] makes the case that the jury has lost the fundamental role and power accorded to it by the Constitution and the English common law tradition. She deems this problematic because the erosion of the jury affords additional—and unconstitutional—power to the judiciary, legislature, and administrative agencies, thereby skewing the balance of powers. VERDICT: This work is certain to enthrall legal scholars, particularly readers of Akhil Reed Amar's classics."

More information is available on Thomas’ website