Three Jury Trials Before My Ukraine Trip

With my court staff, I am preparing to conduct three jury trials between today and my departure for Ukraine on November 7th. In my court we reserve at least one jury setting each month, and these days become the highlight of my experience on the bench. Currently I have juries set to begin on September 16, on October 14 and on November 4. (The bench and well area of my courtroom is shown in the first picture and several members of the court staff are shown in the second)

It has only been in the last ten years or so that I have fully appreciated the extraordinary impact the jury trial has upon the entire legal system. It's effect is almost incalcuble. Even though very few cases ever actually go before a jury, the threat or potential that a case may be reach that stage affects everything. In my court we have something like 8,000 cases filed every year--perhaps 10 of those will be tried before a jury. Each of the 8,000 cases, when filed, have the potential to be taken before the jury. There is potential risk to both defendants and prosecution in taking a case before a jury. You can never be assured as to the outcome. A defendant loses the opportunity to strike plea agreements with the prosecution, which may reduce charges or result in stipulated sentencing recommendations. A prosecutor may also have great uncertainty over how his or her witnesses will come across to a jury. Jury trials are also expensive to conduct--a defendant may not want to spend the time and money necessary to hire a private attorney to prepare for and sit through a lengthy jury trial. Likewise, the prosecutor who takes too many questionable cases to jury trial may find his or her credibility or bargaining power with the defense bar to be diminished. It is a fascinating kind of "dance" between the two sides, and it truly has a trickle-down effect on all preparations, negotiations and decisions in a case.