The Indianapolis journal., 1884-04-10
LETTERS FROM THE PEOPLE.
Who Is Responsible?


To the Editor of the Indianapolis Journal
Much has been written of late as to the respon-
sibility of judges, courts and lawyers for the
lack of proper administration of our criminal
laws. l wish to call attention to one fact in
this connection, which, think, shows that the
whole people are responsible, and especially the
trainers of our organic law. Under the common
law, derived from antiquity, every man charged
with crime was entitled to a speedy and i'm
partial trial by his peers. lord was to be tried
by the House of Lords, and a peasant by his
peers, etc. No doubt the purpose was that one
class should not wrong another. The reason for
this has ceased in our country The judge is
from the people, so is the juror the judge is un-
der the obligations of an oath, so is the juror.
The judge, as well as the juror, is
the peer of the one on trial, and
there is not that need of protection from classes
in this country that existed in aristocracies and
monarchies. But even under the common law
the practice and manner of trial by jury, in
criminal trials. was far more reasonable than in
our State. There the jury was bound to receive
the law from the court as the law, but under
our State Constitution, as interpreted by our Su
preme Court, the jury, in a criminal case, are
made the exclusive judges of the law, as well as
the facts, and may disregard all instructions of
IuuSei uOWeNer Wise COIfecl, anu may
wholly disregard all decisions of the Supreme
Court of our State, and determine, wholly, for
themselves what the law is, and, as decided
within the last few days, even whether the facts
stated in the indictment constitute crime or
not. In short, the jury is supreme and yet
irresponsible, and is so made by the organic
law of the State in order that the criminal
may be protected-from whats Why, the cor
rect Interpretation of the law by one learned in
the law Certainly our Constitution needs
amendment in this respect. It would be well to
go back to the common law and require the jury
to take the instructions of the court as the law,
and to be governed by them in all criminal cases.
so far as the application of the law is concerned
The people have no right to hold judges and
courts responsible for correct administration
of the law when all power is taken from them
to enforce such administration andplaced wholly
in the hands of an irresponsible jury.
1t seems to me, therefore, that one of the first
steps to be taken in reforming the administra-
ton of our criminal laws is to amend our Consti-
tuition, and no longer retain fiction that is
purely imaginary. Compel jurors to receive the
law from those versed in the law. to be governed
by the law, and require intelligent, good men to
serve as jurors and in case a jury disregards the
law as given by the court, require a new trial
will have a much better administration of law,
have well nigh departed. At present he openly
and defantly asks and pleads with the jury to
disregard all the instructions Of the court and all
decisions of the Supreme Court, and is sustained
in this by the Constitution of the State, as is
fully shown by number Of recent decisions of
our Supreme Court. LEX
NEW CASTLE, Ind, April s,