Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-02-02
OUR CRIMINAL LAWS,

In selecting the jurors for criminal casesin
most of the States, one of the qualifica-
tions prescribed by statute is, that they shall
not have formed an opinion as to the guilt
or innocence of the accused. The theory
of the law is, that jurors ought to be thor
oughly impartial, and it therefore provides
that persons who have heard or read
statement of the case upon which they
have formed an opinion, shall not be
considered competent jurors. These quail
ifications date back to our earliest criminal
legislation, and for time were wise and
prudent. In many States spirited con-
troversy is now being prosecuted through
the press in favor of the repeal of such
laws. The action of criminal Judge in
Memphis in recent case, has directed the
attention of the public i'll our State to the
point, and it has already provoked conSid-
cradle comment. In murder trial in the
city mentioned, the Judge excluded the
reporters of one of the city papers from
the Court room and refused to allow the
evidence to be published. When called on
for an explanation, he very frankly said
that as the case was one of great inn
portance and general interest, and as the
present law prescribing the qualifications
for jurors practically excluded reading in
telligen men from the jury box, i'll such
cases, he preferred that the testimony
should not sc to the public. In case a second
trial became necessary he would be unable
TO secure an intelligent jury within his
jurisdiction. In New York and Ohio, bills
are now under consideration in their Leg
islatures modifying existing statistics in
this respect Instances are given in some
cities of those States where it was utterly
impossible to secure a jury of men who
were readers of newspapers. To exclude
al of this class in this day would be simply
to pack criminal iuries with utterly in
competent men. We suppose, for exam
pie, that there are very few intelligent
sensible men i'll New York City to-day
who have not read all the evidence con.
nected with the murder of Fisk. They
have no donbt formed or expressed an
opinion as TO the guilt of Stokes. 1t will
therefore be next to impossible to secure
competent jurors in his case under existing
laws.
The remedy proposed, is to exclude only
those from the jury box, who say they
could not sit in the case and do full justice
under the principles of the law controll-
ing it, as they shall be announced by the
Court, and the evidence as it shall be adj
ducad before them. Some such Iegis-
Iation as this is proposed for the coming
special session of our Legislature by some
of our contemporaries.
Intelligent men may always be relied on
tomake the moStimpartial jurors, no matter
though they may have some opinion as to
the case before being empanneled. They
may better be relied on to discriminate and
make just application Of legal principles
to the case on trial, even with their pre-
existing opinions, than jurors too dull to
comprehend either the law or the bearing
of the facts-the class most likely to be Sc
leeted in important cases as the law now
exists.
The great need of our time is more speedy
and vigorous enforcement of the laws
against crime. Our criminal dockets are
crowded with cases, but as our courts are
now constituted, trivial prosecutions
abound and grave offences are too tardily
punished. The moral effect of a prompt
punishment cannot be overestimated. But
long delays, and liberal practice in the
granting of bail has a most demoralizing
effect. The accused should always be pro-
teeted against undue excitement and pub
lie prejudice, but such protection should
never be extended to defeat the
ends of Justice. \ criminal code that
postpones trials for one and two and often
three and four years from the commission
of the offence, is most certainly too liberal
for the public good. Such delays are very
common in Tennessee. In fact, defend
ants indicted for murder, with even or
binary counsel, can postpone trial in most
cases for one or two years in the original
jurisdiction, and generally for another
year in the Court of Appeals. Such de-
lays are demOraIizing.- If our courts were