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The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
Cleveland State Law Review
The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
Cleveland State Law Review
The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …
Pre-Trial In The Courts: An Opinion, Aaron Jacobson
Pre-Trial In The Courts: An Opinion, Aaron Jacobson
Cleveland State Law Review
No claim is made, it is true, that pre-trial is the panacea for what ail the courts. But in adopting it, there seems to have been a haste which has bypassed the usual introspective examination characteristic of our judiciary. A critical examination, as seen by this writer, would take the form of two broad questions: One- Is pre-trial, viewed in the overall perspective of the administration of justice, a healthy additive to the courts? Two- If so, is it an end in itself, or is it simply one of a number of modernizing influences, without all of which it remains …