Legal Question in Constitutional Law in Kansas

Re: Independent Jury in Modern Civil Justice

I would normally decline to do your homework for you. However, this is an important issue and I hope you pay attention. Our founding fathers saw fit to create a system of checks and balances dividing power among the three branches of government. Further, they separated power between the government and its people. The bill of rights is the most famous example of this. The jury system is a more direct application of a check on the government. In both civil and criminal matters, the defendant has the right to a jury--a collection of impartial peers--to judge his or her action. Thus, regardless of what absurd law the legislature passes, regardless of what rediculous decision the judge would make, despite the obsequious arguments of the attorneys, in the end you can count of your fellow citizens to draw the line and say enough.

This is particularly relevant politically today in the issue of tort reform. The government is trying to take away the jury's power to decide the just punishment when someone causes injury to another individual. If you believe a politician subject to lobbying and campaign contributions is a better jury than 12 random fellow average everyday citizens, you should support tort reform. My personal belief is that the jury system is one of the most powerful and important checks on governmental mismanagement and political witchhunting. It should be protected and expanded--never curtailed. If you would care to discuss particular cases or other examples please contact me directly.