By Mark Glass
The documentary THE BEST JUSTICE SYSTEM IN THE WORLD analyzes the U.S. justice system, primarily focusing on how infrequently our right to trial by jury is actually deployed, the unfairness of many contracts that bypass the court system with mandatory arbitration clauses. and oppressive tactics used in criminal cases to pressure defendants to accept plea bargains – whether they committed the crime or not. Comparisons are made to systems and practices in England and other western countries, with ours generally coming out on the short end. The tone is relatively light, with bits of humor in the mix but the conclusions are that we have a whole lotta inequities that should be corrected if we intend to put our proclaimed principles about justice and equality into practice.
I have mixed feelings about this production. As a trial lawyer for over 40 years, I’ve seen how things work. Jury trials are the ultimate pressure for accountability. The vast majority of civil cases are resolved based on all parties’ predictions about what a panel would decide at the end of a trial. Most settle when enough facts are known to the parties from discovery; others may settle during trial, if the presented evidence to point brings the litigants to consensus on the likely verdict, saving all from slogging through the rest of the proceedings. Fewer than 1% of lawsuits reach a jury, which is actually a very good thing, since the court system couldn’t logistically process a high percentage of full trials. And all of us would be spending a heck of a lot of time on jury duty – an interruption of careers and daily lives many prefer to avoid or, at least, minimize.
My practice was almost entirely civil, so I have little experience with the criminal side of the picture. Again, the idea of plea bargaining is valuable for both sides… in theory. Only about 4% of charged crimes are determined by a jury verdict. But if coercive measures are unfairly applied against vulnerable defendants – especially the poor and less educated – that’s where justice breaks down. According to this doc by professor of law Suja A. Thomas, cops and prosecutors here have more latitude to manipulate or deceive the accused than their counterparts in many other nations.
Arbitration clauses in the fine print of many purchase and employment contracts (check your terms of service for anything you do on-line or with your cell phone for examples) often eliminate one’s right to sue, imposing an arbitration alternative in which the seller/employer picks the arbiter. How stacked is that deck likely to be? In employment cases, Thomas claims 81% are won by the employers.
I have served as an arbitrator in numerous cases in formats allowing the parties to agree on who will decide the claim, and with rules in place to disclose and eliminate conflicts of interest. When structured fairly, arbitration can be a lot faster and less expensive for both sides than lawsuits.
One of Thomas’ points stands out clearly to me as a correctable problem. State and local prosecuting attorneys in the US are generally elected. That pressures them to rack up big numbers of convictions, lest they be labeled as “soft on crime” by whoever runs against them in the next cycle. Every campaign ad you’ve ever seen surely includes the claim that THIS candidate will be tougher on crime than their opponent; fairness is rarely mentioned. Federal prosecutors are political appointees, with no specific criteria for eligibility. By contrast, England, and about 95% of other countries, select them on merit-based exams and screenings. That would seem to keep re-election concerns out of the picture when deciding which cases to prosecute and how aggressively to pursue them.
Thomas, who narrates and appears on camera, presents facts, interviews and anecdotes in an objective manner, free from extreme positions or political posturing. Believing that justice thrives on a level playing field is not a partisan issue. Food for thought in an easily digestible package.
THE BEST JUSTICE SYSTEM IN THE WORLD premieres in New York on November 15-16, 2026 and streams for free at the website Film The Best Justice System in the World on Nov. 16-29.
Rating: 2.5 out of 4 stars
