New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-21
CRIMINAL JURY TRIALS.

Squlttal OF parties tried for homoclde,
had its parallel in the same result in
"a case of one Kelly, who was charged
WY the murder of detective named
AalSt, in Dublin, few months ago.
"&tever the cause for the result in
tne CO of the Boyds may have been, it
is certAp it did not meet the appreciation
OF the Majority Of this community, as
most ceA inly it did not Of the judge who
presided the trial.
That sol e remedy for the evils which
are said tdxist in relation to the selec-
non ana fmation of .juries in our
CRIMINAL cots should be applied is
manifest froA the experience Of the
prosecuting Overs in those courts, and
1t behooves o. Legislature to examine
this matter carNqlly, and if there is any
fault to be found 10 correct it.
If We may beli\ e the terrible denun-
elas'ons OF 1ne Lnish journals against
the acquittal of XIV by a Dublin iury
they are in just as bad, if not a worse
Phgnt tnan ourselVe In this case an
Englishman named 1lbot at one time
employed as head cor table, and after
ward as detective, eng,ed in what was
considered the laudable brk Of ferretine
out ana exposing the Fem conspiracies
among Irish youth, was Aot by man
named Kelly in the stree IS of Dublin.
The murder was deliberate and public
enough to give it the charact. of bravery
in the eyes of the Fenians. Il acouittal
at the hands Of an intelliges and re-
spectacle Dublin jury has cased the
utmost rage and CONSERVATION al ne the
English journalists, and now THEY'RE de-
nouncing their jury system, whic. once
was SO dear and priceless to them. ,
With us as with them, the SYST of
selecting jury for the trials of cri1iual
causes is the same. Twelve men Re
taken from the community, much az
handful OF grain is taken from the sac,
and they are told to exercise their reason
on the question before them, exactly as
they would exercise it upon important
business of their own. No doubt they
are placed in position which is some
what artificial. They must listen to the
hints and advice Of a person who is
usually of higher training and more varied
experience than themselves. The evil
dence laid before them is limited by GER
tain rules, of which the best and the ulti-
mate defense is that they reduce the bulk
Of the materials for judgment, which
might otherwise be inordinate. And they
are forced to engage in discussion, and
commonly to submit in some degree to
the strongest wills among them, by the
necessity imposed upon them Of coming
to unanimous decision. But with all
these restrictions, the appeal to the jury
and practically operates as
if it were an appeal to the rough intelli-
gence Of the community represented by
q parcel Of it.
Those who are called Upon to watch the
actual working of this system, and who do
not form their opinions of it from deelam-
atory eulogies on it, are aware that, con-
sidered as means Of securing the results
approved Of by the highest minds engaged
n the administration of justice, it is per-
oetually breaking down. Perverse YER
licts have been and are constantly recur-
ing in the courts Of our country, and es-
oecially in the criminal court of this city.
Whether change can be effected which
nay be conducive to the better enforce
nent of criminal laws, is yet to be deter
mined. The tide of sentiment in this
community for many, alas too many
ears past, has been in favor of chivalric
lotion of self-defense, or the avenging of
ONE 1ancied wrong or insult, which has
,een used as a pretext for the Staying of
n innocent human being, and this has
,een justified at the hands of twelve intel
igent men, none of whom had the priv
lege of exercising the independent right
f forming or expressing an opinion upon
he case.
In the formation of juries in criminal
asses, the question of intelligence is stu
idly ignored, and the more ignorant
be jury the better the chances for
igh-toned, wealthy and chivalric Offend
rs. The highest form of qualifications
or jurors sitting in criminal cases should |
e adopted, and intelligence ought to be
Ne first and leading one by which the
overs of discrimination in the discussion
nd examination of evidence would be |
lsured, and fair and correct determina-
on secured.
A writer on English criminal law has
bserved Of trial by jury in criminal cases,
that the principle on which the system
ssts is that no one shall be punished I'M
'ss the proofs of his guilt are such as to
emove all doubt from the minds of twelve
len who re: resent the average intelli-
ence of the country; the question is not
neither the man is guilty, but whether
lie jury have any reasonable doubt that |
e is guilty.
In the juries Of our criminal courts have
e had the advantage Of the average in
diligence Of the country? If we have, let
$ not complain; if We have not, let US
y all means secure it without further de-
y, and see whether more satisfactory re-
hts may not be obtained thereby.