New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-03

tllneS. 10 perform Jury dutE, ana mus 90
away with the necessity that compels the
officers of the court to accept the services
of men whose very countenances are s,lt6-
cient to convince the close observer Of
human nature of their entire unfitness for
a position of such grave trust. And when
it is recollected that IA petit jury
has more power than the judge, the
Attorney General and the district
attorney combined. it will be seen that
it is of the first importance that they
should be selected for their fitness for so
grave responsibility.
Citizens can not be persuaded, as the
law now stands, to volunteer their services,
for, as a rule, the men best qualified to dis
charge the duties of jurymen, are not
wanted by the attorneys for the prisoners.
Advantage is invariably taken of that
clause in the law which permits the ac-
cused party to challenge certain number,
and for cause to object to anybody. An
allegation that juror has read an account
of a Homicide in the papers and formed
any sort of Judgment if uncontrolled, is
fatal to his chance to be accepted. So that
if the best citizens of New Orleans were TO
make it a rule to throng the court room,
they would seldom or never be invited to
sit on jury, so long as ignorant charac-
terless and corrupt men can be had in
abundance and are actually preferred by
| the laws. The counsel for the guilty
parties know well how to turn regulation
that was intended to secure impartiality
into an actual denial of justice. The
juror who knows nothing Of the case, who
has not read any account of the transac-
ton in the papers-because he can not
who has not even discussed it with his
neighbors he does not associate
with men who give their attention to ques-
tons of public morals-is, therefore, pre-
ferred to the intelligent. just-nlinded citi-
zen who may, perchaIce, have read in his
morning paper that a great crime has been
committed and deprecated tie deed to his
neighbor as he walked or rode down to his
place of business in the morning. Under
the law, therefore, cases frequently arise in
which it is utterly impossible to find twelve
intelligent men in the city to try them.
The fault, therefore. is not with the citi-
zens so much as it is with the law. and the
only effectual remedy is a change of that
In the first place, a suggestion has
often been made to authorize two-thirds
of the jury to give the verdict, instead of
requiring 1lnanimity as at present, de-
serves favorable consideration Then, the
the jurors should be able to read and write
the English language They should be
hOuseholders or head, of families. or men
Of known good repute. A knowledge of
the facts of the case should be regarded
as recommendation, instead of being a
bar. If, however, a juror were to declare
under oath that his mind was irrevocably
made up, it would be proper to exclude
him.
There are also too many people excused
by law from jury duty. Firemen, active
and exempt; volunteer militia companies,
lawyers, physicians, clergymen and State
and city officials are specially exempted. |
and it is not out of the way to declare
that three-fourths Of the intelligence and
honesty of the city are included in these |
al ho =, L.
devote a great deal of their time to the |
public gratuitously, and it may be con-
tended that it is a tax on good nature to
demand more of them; but We think their
own interests would be best subserved bv
their being called upon tor jury duty.
They could be exempted from any other
service during such employment, and re-
[ieved from the payment Of fines for non
attendance at parades, fires, etc. And if
the character of the tiurymen were raised
to Il higher standard, as it could be- there
would be less objection to serving than
there is now.
Possibly it would he improper to COM
pei the attendance Of physicians in many
cases; but there is no good reason why
of the gospel should be exempt.
They would find that the services thew
might be called upon to render as iurymen
would not seriously interfere with their
pastoral duties. And there is nothing in
the profession cf the law which sbould
give its votaries an ADVANTAGE over any
other class in Sinking the duties Of GOOD
They would make good Jurors.
If we are to continue the amateur Jury
system, the law should be changed sub
'tantially as above pointed out. Possibly
/ total overthrow Of the system, and the
Of one providing for the cleo
ion of from thirty to fifty suitable per-
ons, to serve for a year OF longer term
vould be the best plan that can be devised.
At all events, We lope the present Leg
stature will do something to redeem our
riminal jurisprudence from the contempt
nto which it has fallen.