The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-11
MalR d mkni stsutiOss OF Justice.

eaters n0WY
Observation-Disclosures OF Justice.
The Cosrrte- DIES Etats O'Is, in translating and
day on this head, considers that sc exaggerated
the part properly chargeable on individuals, and
under-est,mated the laws share in impeding the
due administ' alton of Justice The Courier sees
defects enough in our jodcial system TO account
fos the frequent failures of justice, and desires to
ascribe the usual escape Of the guilty to the de.
feet of our jury laws, and to the geocrally con-
fused condition of our criminal code.
This Is tho criticism of Frenchman bred N
der the influence Of she Code Napoleon, and ac,us-
toned to the French jury syetem, according to
which > majority Of the jurors may render thu
verdict in opposition to the sentiment Of the mi
noriy. We do not propose to deny altogether
the justice Of the STRUCTURES The old rule Of Eng
lith law requiring unanimiy on the part of jurors
to ensure conviction was framed In large and
liberal sprit; it was designed TO accumulate DIFF
fculty in the way of the conviction Of an INFO
cent man. When it was coupled, as is still the
case to some extent in England, with the other
rule which declared the jurors from food, drink,
light or fire till they had rendered their
verdict, it was perhaps less absurd than
it now seems; for, though, in one
point Of view, these rules insured the victory
to the jurors whose powers Of endurance
were the greatest, in another, they initiated
against differences of opinion, and faoiiitsted a
speedy deliverance. In this country, the common
sense OF the age long siuce Id awsy With the
latter of the two rules, leaving the tormer-he
one which requires uoanimlty on the part Of the
jury to convict-to plague and poster us. aud lead
to failure of justice through difference of
opinion among the jurors in oae half our impor-
taDt cases No doubt such laws as these help to
aggravste the faults of our sdmi0istratioa of
justice.
But there are as bad faults as these in the ad
minisration Of justice in this country, with which
the laws have nothing to do. We have laws
against almost every conceivable crime under the
sun, but when crimes are committed, 1t Is sud
denly discovered that our laws will not apply,
or cannot be stretched to flt the case. People are
indicted, sometimes; and sometimes they are only
with indictment; but Is to trial. that
Is . very different affair. They are only brought
10 trial and really held to answer for their mis-
leeds, In certain rare cases, and under peculiar
combination Of favorable circumstances. Jus
ice, It seems is In no hurry at all to deal with
hose who outrage her. District Attorneys have
\ classic aversion to fslsify the poets sdage
about the elaine FOOT
When people are tried, new List Of difficulties
present themselves. The room for technical OBJ
jeotions II immense, and the failure Of justice
through this cause is considerable. But this
would be much less than it is were the bench
and the bar animated by better spirit IL IL
due to Judge Davies to cay that his conduct of
the case just cloeed may be quoted as model
FOR Judges to initiate; bow few such cases there
are on record II ia not long aimee one Of oar
highest criminal Judges actually undertook to
dictate to the jury in criminal case, what their
view of the facts must be. Council are not back
ward in the same tendency. While prosecuting
officers frequently fail as web from excess as
rom want Of zeal prisoners counsel have adopt
ID Q rscklessness Of behavior that IL not only
injurious to the interests Of justice, but abso-
utely ruinous to the character Of the profession.
AL parties seem 20 have forgotten that the sound
of justice and the maintenance of
one Of the most important branches Of civil
society depend on their remembrance Of the great
principles which II is Their profession TO Illus
trate; ard the consequence is tho lamcntable
condition of things which the Courier and our
selves deplore.