The Opelousas courier. [volume] (Opelousas, La.) 1852-1910, 1891-04-04
fury Reform.
OPELoUsAs. La.

= ORtLOOEASs La
Mr.. Editor The New Orleans pa
pers invite the views of persons touch
ing changes in our jury trials, and some
have accordingly given theirs. The
subject is interesting because import
ant. That in very many instances
they have become worse than farcial,
no one will deny. Originally they
served to protect the subject against
unjust infringements on their rights.
| These infringements came from others
higher in position than those who were
aimed at. The trial by jury was re-
sorted to, and resulted in security from
wrongs. 1t was regarded as a more
relia BILE means of protecting innocent
persons, whilst it gave more certainty
to the enforcement of the laws against
official usurpation. Like everything
else of human origin, it seems to have
seen its palmiest days. and has evid-
entity dwindled, practically, into har-
Dor of security against efficient Gov
ernment. Of course exceptional cases
/ occur. Much is made to depend upon
tCho is tried, and the nature of the i'm
puted crime. This remark needs no
explanation.
Now, in my opinion. the theory OF
Jury trial is not susceptible to much i'm
provement, for the reason that, wheth- +
Ell unanimity, or, simple majority OF
any number of jurors, be required, the
same influences, which at present, too
often, sway their verdicts-will con-
tinue to be equally potent. Any
change in these respects would prove
entirely futile. The influence of money
now necessary to secure one member of
the Jury, could be extended by more
liberal expenditure upon three.
/ would suggest, 1st, that the law re-
quiring the publication of the yenires
in the public journals, or, otherwise, be
| abolished. There never existed any
real necessity for it, and it only affords
chances to bribe, and time to do it in.
This if the present jury system Is to be
| perpetuated.
End. Fix certain, high standards OF
qualifications for jurors. such as it is
! faiI to presume, will secure men who
live out of the reach of any ordinary
bribe. 3rd. Reduce the number OF
them, and provide for their selection by
j SUIlG uUtulldIG0 FLAs Law
them to continue in Office for two years
at the least, for as they are the judges
of the law and of the facts in cases
submitted to them, there is no more
reason why they should not be held tc
be competent judges, and litigants be
required to have their cases tried by
/ them, than there is that, the judges O.
courts should not be. These are forced
upon the people, and there is no good
reason why jurors should not be. LIE
the causes for recusation be the same
and be available to both State and the
accused, whenever .offenses and crimes
are to be tried. The right of appea
i furnishes every necessary guaranty
against erroneous verdicts in erimina
or civil cases. Pay the jurors for tht
time they really attend upon ths
courts, and make it obligatory upol
4 them to serve as duly constituted of
4 fcers of the court 5th. Wherever th
trial jury are not unanimous, require
the minority to report written reason
for their dissent, and let the judge con
! slider them, and award new trial if h
consider the verdict of the majorit.
4 erroneous. Elk JUDGE.