On the Myth of Written Constitutions: The Disappearance of Criminal Jury Trial, 15 Harv. J. L. & Pub. Pol’y 119 (1992)
We are accustomed to viewing the Bill of Rights as a success story. With it, the American constitution-makers opened a new epoch in the centuries-old struggle to place effective limits on the abuse of state power. Not all of the Bill of Rights is a success story, however. While we are celebrating the Bill ofRights, we would do well to take note of that chapter of the Bill of Rights that has been a spectacular failure: the Framers' effort to embed jury trial as the exclusive mode of proceeding in cases of serious crime.
Date of Authorship for this Version
Langbein, John H., "On the Myth of Written Constitutions: The Disappearance of Criminal Jury Trial" (1992). Faculty Scholarship Series. Paper 548.