The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-07-08
For the anderson MtelHgencer.
The jury System.

iho oUA oJS@Shi'
The system of trial by jury is one deeply
impressed in the jurisprudence of many civil
lied countries. 1t is in an especial degree
characteristic of English-spcakng peoples.
There is no institution which, in popular esti-
nation, so contributes to and fortiGes the pre-
servation of human freedom. Indeed, the
essence of popular liberty is therein contained
so perfectly, that it is sometimes seen, and not
unfrequently of late, that the province of the
jury is enlarged to an extent never contempla-
ted in the constitution and the law. Juries
have been known to create law, as we'll as to
enforce law, as originally intended in the es-
tablishment of the institution. This results
from some vague conception that the popular
sovereignty could there be most safely trusted.
But an attempt at legislation on the part of a
jury is violative of those principles, without
which liberty cannot be maintained. In all
free countries, la,o is king, and where law is
not king despot will be king. The only Sc
curity people can have for the preservation
of their rights and liberties is the enforcement
of the la,D as 1t is. But it has always been
admitted that juries have been safe deposito-
res of the power to determine justice in civil
cases, and the punishment of criminals under
the law. But the perfection of all institutions
consists in their adaptation to the wants of the
community. AS a country progresses or retro
gresses, its external forms must needs modify !;
and that modification should proceed in regu-
| lar and constitutional mode, and not as a con-
sequence of licentious action. One of the
rules governing the action Of juries is, their
decision must be unanimous. In the past this
was wholesome and salutary, but it is scarcely
possible to preserve it unimpaired, 80 changed
are circumstances. Discussion Of all questions
has become so generally prevalent, party spirit
so influential, the means of conveying opinion
so easy from extra judicial sources, that it is
scarcely conceivable to bring twelve earnest
and honest men to unanimous verdict in any
cases, civil or criminal. And hence, it is seen
that mistrials are becoming not uncommon, to
the serious injury of public justice; or fire.
quently the necessity of a compromise compels
partial injustice. How is this to be correc-
ted? No one has suggested any substitute
superior to the jury; it has been recommended
that verdict only require majority or two
thirds of jury. But whatever the form it
may assume, some change is needed, and if
wisely determined, will result in a marked i'm
proyement. Citizens are frequently indisposed
to sit upon juries because they are opposed to
capital punishment; but such prejudice is
unreasonable. The punishment of crime is
determined independent of the jury-by the
Legislature. The province Of the jury is SIM
ply to determine the facts and law of the case,
with which an opinion upon the propriety OF
the law has naught to do. AS an honest man
he can determine facts without regard to opin-
ions or prejudices. But many jurors, even of
those who are not theoretically opposed to
capital punishment, are so reluctant to find a
verdict, which the law has determined must
result in death, that the guilty often escape.
This indisposiion to see the facts squarely is a
reprehensibe weakness, and results from an
undue and unreasoning sympathy with offen-
ders. Sympathy, as we'll as justice, is the tri-
butte due to the injured and not to the wrong
doer; and it is incumbent upon all citizens
who live in obedience to the law, and who re-
spect the rights of others, to sustain all officers
of Justice in the strict enforcement of the law
A consistent administration of Law restraints
the lawless elements of society it also takes
away the temptations Of revenge or individual
justice from injured parties, and refers for a
decision to safe, because constitutional, mode
of procedure. Juries should seriously con-
slider their responsibility to law and justice,
and resist the voice of weak sentimentality
that scarcely discrimnates between the good
and bad. And if it become necessary, the
Legislature should intervene and by well-con-
sidered action, improve the administration of
the law. Conservatism must admit that action
is sometimes needed in order to preserve; and
the jury system is no exception to the gen.
eral truth that the spirit and object of all insti
tutions are to be regarded rather than the mere
forms in which such institutions may have
been crystalized.
E. NJ. r.