Some of the emerging problems with Trial bu Jury are that cases, such as Copyright, are being shifted from Civil to Criminal, with the corresponding changes in judicial standards.

Other problems include the national/international news excoriation of defendants, thus making it almost a certainty that the "suspect" will be convicted because of jury bias problems. Tangents in this area include internet use during trials by jurors, who then obtain outside media reports on the case, violating the context concepts of the courtroom.