sel- unless he has already retained the services of t a lawyer — and a jury is selected at once. Many Selection of the jury. citizens have already been summoned for jury service, and, as the names of these are drawn by lot, each is questioned by the attorneys for the state and the defense, in order to learn whether he has already formed an opinion regarding the guilt of the accused, or is biased in any way that would affect his vote on the final verdict. If objectionable, he is dismissed. When twelve men satisfactory to both sides have been selected, the prosecution calls its witnesses, and the trial proceeds in much the same way as in a lawsuit. When the evidence is all in and the closing arguments have been heard, the judge instructs the jury as to the law, and the jurymen withdraw until a verdict has been reached. If declared innocent, the accused is at once set free; if found guilty, his lawyer will probably appeal the case to a higher court, or ask for a new trial; and, if the jury disagree, he will be held for another trial, as legally no trial has taken place. Verdict of the jury. sentence. If guilty, sentence is pronounced by the judge, The usually without delay, the court having discretion as to the advisability of giving the convicted party the maximum or the minimum punishment provided by the law for crimes of that class. 61. The Jury System. - Juries are of three kinds. (1) Grand juries, which are composed of from twelve to twenty-three men, hold secret sessions, and either investigate the causes of crimes that have been com Three kinds of juries. Who may serve on juries. Advantage to trial. mitted, bringing indictments against those they believe guilty, or investigate the condition of the departments of government and their expenditures of money. (2) The petit or ordinary jury of twelve men settles most civil disputes and decides criminal cases. (3) The police jury consists of six men and determines the guilt or innocence of persons accused of committing misdemeanors, that is, minor crimes. Only citizens are allowed to sit on juries. On account of the inconveniences of jury service, practically all professional men are exempt by law from jury duty, and, on account of the annoyance caused by being taken from their business, most of the other prominent men of the community shirk jury duty as far as possible. In some states juries are "drawn" from a list of those subject to service, and a summons served upon those chosen to appear at court on a certain day. In other states jurymen are selected by jury policemen who serve the summons on those whom they find on the streets or at their places of business. 62. The Advantages of Jury Trial. Juries are an the person on advantage both to the accused and to the jurymen. To the former, because the facts connected with his guilt or innocence are viewed from the standpoint of common sense rather than of law. The jury disregards technicalities, but places the emphasis upon the right or wrong involved. It takes into account the circumstances, the motive, and the consequences, so that if it errs at all, it errs on the side of leniency. To the citizen, the jury gives opportunity for civic education. It brings him into touch with the work of administering the law, and makes him part of it, and, in so doing, gives him clearer conceptions of legal rights and methods, and fits him to exercise his duties as a citizen with greater knowledge and to better purpose. Benefits to jurymen. defects. 63. The Disadvantages of Jury Trial. The main Abuses and question is whether these advantages are worth what they cost, whether they apply to all forms of jury trial, and whether they are not, after all, but partially secured on account of the numerous exemptions from jury duty. Certain it is that the exemption of professional men, and the frequent refusal of attorneys to accept as jurymen men who have formed opinions regarding the case to be tried, have given rise to a popular belief that only the ignorant are desired as jurors a belief not well founded in most localities. In any civil case involving knotty problems of law, the ordinary juror is almost of necessity incompetent to render a just decision, while in a lawsuit or criminal case where a strong appeal can be made to the emotions or to prejudice, the jury is likely to be unduly influenced in its verdict. The fact that a lawyer who has a weak case almost invariably asks for a jury trial is an indication that the jury errs often on the side of leniency. In short, unrepresentative of the communities as our juries must be under present conditions, they often defeat the ends of justice, in civil suits, through their ignorance, and in criminal cases, through their prejudice. TEXT QUESTIONS I. Give the most important personal rights enjoyed under our constitutions. 2. How does the public seek to protect the rights of a person accused of crime? 3. What is the distinction between a civil suit and a criminal case? 4. Describe the process in a civil suit. 5. What is the difference between an "information" and an "indictment"? 6. Give the kinds of juries, with the duties of each. 7. How does "the jury give opportunity for civic education"? (§ 62.) 8. Why is a juryman often unable to render a just verdict? 9. Explain the following words or expressions: “individual liberty” (§ 51), “libel " (§ 52), “state churches" (§ 53), “bail” (§ 55), "plaintiff" (§ 57), "defendant" (§ 57), the “ "prosecution" (§ 58), "appeal" (§ 60). SUPPLEMENTARY QUESTIONS I. Give the provisions of our state constitution regarding religious freedom, freedom of speech, and right in trials. 2. Name the most important rights mentioned in the first eight amendments of the United States Constitution. 3. Look up Mr. Bryce's discussion of state bills of right in his "American Commonwealth," abridged edition, pp. 307-311. 4. How are jurymen selected in this locality? Do they serve without pay? Who are exempt from jury duty ? 5. Do the advantages of the jury system outweigh the disadvantages? 6. Can the jury be improved? (Munsey's Magazine, XXIX (1903), pp. 723-726.) |