The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1870-02-26
Jury Trials.

Inc value OF trials by jury is just
now beginning to be questioned at
the North. In late number of
Putnam's Monthly we find an arti-
Gle on this subject. De Tocque-
ville's remark, that che who pun
ishes infraction of the law is the
real master of society,"" is now sup
plemented by illusions to the
character of those real masters,
who elevate themselves to the
bench of judicial authority and
pronounce on the guilt or inno-
cence of their associates. There
can be no doubt of the fact that by
exacting from juries a unanimous
verdict the true ends of justice
are every day defeated. Nothing
is more common in the history of
jury trials than to find one or two
corrupt, stubborn, or prejudiced
persons, who refuse to agree with
the common sense conclusions of
their more reasonable associates,
and thus cause a mistrial, when,
according to a more equitable
standard of conviction, there
should have been a verdict. Our
present jury system, especially in
civil causes, operates not only as
an impediment to justice, but vir-
tually offers a premium to bribery
and corruption. While one man
on a jury can render null and in
operative the maturely considered
and thoroughly impartial verdict
OF his eleven cojurors, there is al
ways a possibility, nay, a proba-
bility, that at least one may be
improperly approached and cor
ruptly influenced. If our system
OF jurisprudence were so changed
that the decision of thirds or
three-fourths of the jurors in any
case could be received as the de-
cision Of the jury, the true ends of
justice would be greatly adyanc.
ed, and opportunities for success
fully tampering with juries be pro-
portionally diminished. The wri-
ter in Putnam says alleging at
the same time he will he support
ed in this expression of opinion by
very large number of American
lawyers: 81 would rather submit
to the judgment of single skill
full judge, in civil cause, than to
the verdict OF twelve Ignorant iu-
rors, who, being unaccustonied TO
the application of the rules of evi-
dence, and without experience in
analyzing, arranging, and combin-
ing masses of intricate and per-
haps conflicting testimony, are
made the victims of their sympa-
thy and impulse, and moulded by
the skilful advocate, as clay in
the hands of the potter
1t is urged in this connection
that jnrers, ifnot always ignorant,
are at least generally unaccustom-
ed to the performance of judicial
functions; while judges, if not al
ways skillful, are supposed to
have at least respectable stand
ing in a profession, trained to the
study and practice of the law. 1t
is furthermore urged that jurors
may be and often are inisled by
the artfulsophistries ofadvocates.
while judges are rarely deceived
bysuch sophistries; and that while
in theory jurors are judges of fact
only, in practice they make them
selves judges of both law and fact,
and not unfrequently reassert YER
diets which have been set aside as
erroneous by superior tribunals.
Another point made against the
present working of our jury sys-
TEN is, that jurors are beyond the
reach of impeachment, because
their Office ends with the finding
of the verdict, and that, practical
! ly, they are beyond the reach of
punishment for any false or fraud
ulent verdict they may RENDER
Even Blackwood, the great law
commentator, says OF jury trials
"After all, it must be owned, that
the best and most effectual method
to preserve and extend the trial
by jury in practice, would be by
endeavoring to remove all the de-
fects, as well as to improve the
advantages incident to this mode
of inquiry. If fjustice is not done
to the entire satisfaction of the
people in this method of deciding
facts, in spite of all encomiums
and paneygyrics on trials at the
! common law. they will resort il