New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-11
GRAND JURIEs

s by grand jury upon the er parte examin
alton of witnesses in criminal cases, 70
the action of a criminal court, ought n
longer to exist
1t is relic of a feudal and barbarou
age of the world, and should pass ava,
with many others, that are now forgotten
or have passed into history. 1t is but
continuance of the Venetian Council O
Ten or the Spanish Inquisition, both O
which were the curse of their day, and an
engine of destruction to the rights of the
people.
There is no longer any necessity for the
Intervention of this grand inquest, occu-
plying the time of large body of our citi-
zens, and involving large expenses, in the
preparation of criminal case for trial be-
fore petit jury.
1t is an idle ceremony from which no
possible benefit is derived If we have
good and honest examining magistrates,
they should hear the charge, investigate
1t, hear the witnesses on both sides. and
fupon the whole evidence there is prob
able cause for believing that an offense or
felony has been committed, bind the party
accused over for trial before the criminal
court charged with the trial of such cases.
A grand jury hears only one side of
case, and by so doing involves the reputa-
ton OF many an innocent party, when, if
the evidence on his behalf could have been
presented, the case would not have passed
beyond the precincts of the grand jury
room. In most cases there is a hearing
trst, before the magistrate; second, be-
fore the grand jury, and third, before the
court and petit jury before it is finally
determined. Why not let the information
or indictment be directly by the prose-
cutting officer, after the charge against an
accused party has been heard and deter
mined by committing or examining
This grand jury system is
one which has fallen to us as an inner
itance from our British ancestors, and now
the people of that country are agitating
the question of its abolition. In one in
stance before US, the grand jury of the
surrey Sessions have recently presented to
heir chairman complaint of the useless
less oftheir functions They say that in the
metropolitan districts and in large towns,
It least, no case is ever sent for trial until
fter careful investigation, which is. as
rule, identical with that of the trial it.
elf. The witnesses ON both sides are ex-
mined, an indictment is carefully framed,
nd finally the prisoner is sent before a
nmlnal court by the decision of COM
etent magistrate. What more can the 6
interests of justice require than these two I
ldlcial inquiries, and why should there J
e an intermediate stage ostensibly for ]
be purpose of determining whether there i
pri'aa focie evidence of a charge, but
9ally for no purpose at all? In truth, the I
roceedings of the grand jury, though C
dlous enough, are merely formal. They t
niy hear the witnesses for the prosecu- n
on; and 1t is extremely rare that they Il
'nture to interfere with a magistrates d
9cision. This Star Chamber investigation fl
the grand jury room ought to be abol- "
he'd 1t was, perhaps, system that was p
I'll enough for the period when it was in
tuted, but like the Jewish dispensation O.
rites and ceremonies its work is done 81
d the new dispensation of enlighten- pl
9nt and civilization demands its discon- 81
luance. The forms of procedure in al
mlnal cases may be simplifed by ez
nsfer of all cases above certain class an
'ectly from magistrate to the court in is
UGH the trial is to be had, and leave su
nor offenses, less than felonies, to the ex
tgment OF bench of magistrates, not to
exceed three. This would be saving of
time to all who may in any way be con- mi
ted with the administration of criminal
hrs. By dispensing with grand juries, ces
Junketings by the officials in charge ag
our prisons, asylums and other public sh,
with their mutual admiration lea
would end, and there pre-
lid be few items less of charges with TIL
Oh the taxpayers are saddled. pre-
That we want is good, honest and COM of
mt magistrates, faithful and upright I
ne discharge of their duties, and they tor
relieve us entirely of the necessity of of t
of grand jury This, of
believe, is the opinion of judges who wit
given the subject any consideration. the
he abolition of the grand jury sys- pra
is one of those reforms which NAV ena
made without the least injury to the nes
inistration of our laws and without
b trouble, and when done the people ::
rejoice. "