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Dating back at least 
to the time of Socrates,

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some early societies decided
that certain disputes,

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such as whether a person committed
a particular crime,

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should be heard by a group of citizens.

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Several centuries later, trial by jury
was introduced to England,

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where it became a fundamental feature
of the legal system,

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checking the government 
and involving citizens in decision-making.

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Juries decided whether defendants
would be tried on crimes,

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determined whether the accused
defendants were guilty,

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and resolved monetary disputes.

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While the American colonies eventually
cast off England's rule,

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its legal tradition of the jury persisted.

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The United States Constitution 
instructed a grand jury

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to decide whether 
criminal cases proceeded,

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required a jury to try all crimes,
except impeachment,

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and provided for juries 
in civil cases as well.

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Yet, in the US today,
grand juries often are not convened,

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and juries decide less than 4%
of criminal cases

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and less than 1% of civil cases
filed in court.

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That's at the same time as jury systems
in other countries are growing.

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So what happened in the U.S.?

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Part of the story lies in how the Supreme
Court has interpreted the Constitution.

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It's permitted plea bargaining,

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which now occurs in almost 
every criminal case.

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The way it works is the prosecutor
presents the accused

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with a decision of whether 
to plead guilty.

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If they accept the plea, the case won't
go in front of a jury,

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but they'll receive 
a shorter prison sentence

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than they'd get if 
a jury did convict them.

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The risk of a much greater 
prison sentence after a trial

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can frighten even an innocent defendant
into taking a plea.

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Between the 19th century 
and the 21st century,

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the proportion of guilty pleas
has increased from around 20% to 90%,

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and the numbers continue to grow.

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The Supreme Court has permitted
the use of another procedure

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that interferes with the jury

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called summary judgement.

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Using summary judgement, judges can
decide that civil trials are unnecessary

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if the people who sue 
have insufficient evidence.

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This is intended only for cases
where no reasonable jury would disagree.

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That's a difficult thing 
to determine,

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yet usage of summary judgement
has stretched to the point

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where some would argue it's being abused.

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For instance, judges grant fully,
or in part,

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over 70% of employers' requests

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to dismiss employment 
discrimination cases.

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In other cases, both the person who sues
and the person who defends

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forgo their right to go to court,

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instead resolving their dispute through
a professional arbitrator.

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These are generally lawyers, professors,
or former judges.

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Arbitration can be a smart decision
by both parties

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to avoid the requirements 
of a trial in court,

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but it's often agreed to unwittingly
when people sign contracts

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like employment applications
and consumer agreements.

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That can become a problem.

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For example, some arbitrators 
may be biased

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towards the companies
that give them cases.

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These are just some of the ways
in which juries have disappeared.

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But could the disappearance of juries
be a good thing?

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Well, juries aren't perfect.

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They're costly,

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time-consuming,

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and may make errors.

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And they're not always necessary,

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like when people can simply agree
to settle their disputes.

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But juries have their advantages.

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When properly selected,

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jurors are more representative of
the general population

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and don't have the same incentives
as prosecutors,

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legislators,

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or judges

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seeking reelection or promotion.

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The founders of the United States trusted
in the wisdom

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of impartial groups of citizens

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to check the power of all three branches
of government.

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And the jury trial itself has given
ordinary citizens

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a central role in upholding
the social fabric.

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So will the jury system in the U.S.
survive into the future?