A critical appreciation of the American trial in (current) decline

Abstract

In this chapter, I address a number of the difficult questions surrounding the current decline of the American trial. I begin with a compressed and evaluative account of what the contemporary trial is for us. This involves both an account of what we do at trial and a more global account of its significance. I discuss some of the theoretical issues that such an account poses. I then provide a short account of how we have gotten to where we are (“the past”). I provide a summary of recent social scientific findings that suggest that the trial is in current decline and some preliminary speculations as to the explanations for that decline (“the future”). Finally, I suggest the happy possibility that explanation of the future may be quite limited in this matter.

Citation

Burns, R.P. (2009), "A critical appreciation of the American trial in (current) decline", Sarat, A. (Ed.) Studies in Law, Politics and Society (Studies in Law, Politics, and Society, Vol. 49), Emerald Group Publishing Limited, Leeds, pp. 3-23. https://doi.org/10.1108/S1059-4337(2009)0000049004