The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-08
IGNORANT JURIRs.
A Proposition in the New York Leg.
fslature 10 Abolish the Require
ment that Juries Shall be Made Up
OF Men who Don't Know Any.
thing.

ment that Jurfes Shall be Made Up
OF Men Who Don't Know Any.
thing.
The Albany Ereains Journal says:
Is there any principle Of civilized iuris-
prudence that requires that the most
Important OF criminal actions should
continue TO be tried before the most
ignorant part OF the community! Is
there any such vital connection between
justice and stupidity that the iutsrpo.
si;ion OF the latter is necessary to the
guarantee OF the former? In word,
should it remain the maxim Of the
law that the least intelligent portion OF
the people are alone qualified to pass
upon the cases most intimately sssoci.
sted with the dispensation Of justice
and the preservation Of public securityH
Such is, practically, the prevalent
rule at the present time 1t results in
inaugurating every considerable mur.
der trial with farce. The spectacle OF
judicial tribunal convened TO try man
arraigned for the highest crime known
to the law, and spending days in &c.
curing a jury composed Of paen rho nrr
read the urpSpdpsrS, and phose sole com.
potency consists in The dcnSest ignordncs
upon cUrry Hve topic which stirI tie com.
mlmity-thls spectacle, We say. has
become the familiar and ludicrous &C.
compartment OF our administration OF
justice. Its frequent repetition has
produced strong sentiment in iavor
of such a change OF the law as will make
impaltiality, and not ignorance, the
test OF qualification. In harmony with
this popular judgment, Hon. d. W.
Judd has presented bill TO the Assem-.
bly which, in clear and brief terms
meets the whole case. Ii enacts that
the expression OF an opinion on n
criminal case shall not disquslify a
man for sitting as juror, provided such
declared opinion or preliminary reports
shall not prelude him from rendering
an impartial verdict upon the evidence
Associated with this provision are such
safeguards as are essential TO the proper
protection fthe accused.
The demonstration in favor OF Mr..
Judds bill has already been over.
whelming. The press OF the entire
State has pronounced with one voice
Tor its adoption And in this utterance
It's represents the settled opinion Of the
people. Indeed, there can he no differ.
ence of opinion upon the essential
merits OF the question. Mr.. Judd's bill
proposes no radical innovation. 10 its
cardinal principle it simply enforce-
what the law originally contemplated.
The maxim OF the law has always been
that the juror should approach tho
hearing OF the case without bias. and
tios this object was attained BY proyld'
ing that theexpression of an opinion dis
qualified the proposed juror, Before the
DAYS Of newspapers this answered the
purpose. But 10 our time, when every
intelligent man reads one newspaper,
and often more and when every news
paper spreads the details of all events OF
public interest in full before It's readers
the provision Of the law operates to dis.
Qualify almost every man OF common
information The sweeping change 10
our civilization requires n change OF the
Iaw-not To modify the sound rule Of
unbiased judgment which lies at It's
foundation, but To insure that the ap-
pl,cation OF this rule under new circum.
stances shall no, prejudice the interests
Of the people.
Take the recent Fisk tragedy. What
person with any clam TO n decent de.
vrec OF intelligence has not expressed
some opinion l. It not safe to cay
that the only individuals who are not
familiar with its circumstances belong
% that class who are too profoundly
ignorant and stolId 10 be trusted with
the decision OF an ordinary case oil
sheep stealIng-much less with the de-
termination Of questions which, for the
accused. mean lI'e or death, and which.
tor the State, mean public security or
the practical overthrow OF the law. AZ
the same time IL il inconceivable that
the story should be read without l.av.
ing some impression upon the mind OF
the reader. 1t colors the medium
through which It passes. But Il does
not give il hue which serves asa biss.
or which precludes most men from
rendering an honest and unprejudlced
judgment upon the testimony. The
questions which should be decisive are
plain. Will the Juror fairly and justly
weigh the evidence as it shall sppesr
upon the uial2 Can be, without refer.
ence TO prepossessions, impar,islly
weigh such matters only as are regu.
larly submitted 10 them. The intslli.
gent man whose mind is alert, informed
and broad. is lar more worthy OF being
trusted TO do full justice, even though
be may have taken passing imnres-
sion, than the semi IDIOTS who alone 10
those days do not read the newspaper.
Nr. Judds bill aims TO redeem our
criminal cases from their arcical charac.
ter. without breaking down aoy OF
the munimenn which properly s1r.