The record-union., 1891-06-20
About Our jury system.

4fy pHeuia sat feaQlng the paper, and i
guess she was reading something about
the courts, for she looked up at me and
broke out suddenly in this way: II like
men, especially good men, and always did,
but when you talk Of consistency believe
you men are ten times more inconsistent
than we women; at least in some things.
NOW look at your jury system; some
body once said, the Jury system is the
bulwark of liberty and you men have
been quoting it ever since as a wonder
IulIy smart saying. L never could see
the need for any bl1lwarlS of liberty in
this country. ! believe liberty is strong
enough to take care of itself here without
any bulWarkS. The saying may be true
in one sense, for if a'ly of you men think
you are free you just run against your
jury system, and You will find that you
are slaves, confined 10y bulwarks-of con-
servatism.
''See how your jury system works;
some passionate, incorporate, or covet-
Gus individual tries to whip somebody,
gets drunk, or steals some little thing Tor
someone may commit some other petty
crlne) and he is arrested and taken to the
Police (or a Justice's Court, and he is
asked, guilty, or not guilty?' Usually
he says mot guilty. and he is asked,
how will you be tried?' If he says by
jury immediately twelve good, law
abiding citizens are yanlled out of their
stores, offices, or other places of business
by an imperious notice to appear in court
to serve as juror. No regard is paid to
any circumstances, which ought to ex-
cuse many nor could it well be, for per-
haps every citizen would have a sufficient
reason for refusing, if permitted to use
it,.
Now, l will venture the assertion with
out fear of contradiction that each one of
those twelve men are punished more
than the criminal will be, if subjected to
all the penalty which the law imposes on
such offenses. Usually such offenders
are not very sensitive, and some of them
seem to glory III what they have done,
While the poor jurors must sit in kind
OF torture willy niIly), and listen to all
the trlfilng, or disgusting, details, when
the Judge (or Justice) is ten times
more competent to administer the law,
than all of the jury combined. Think Of
1t. Because some weak-minded individ-
ual breaks the law twelve good law-abid-
ing citizens must suffer more punish
ment than the law inflicts upon the cul-
prit No wonder the poet screamed out:
oh, consistency, thou art a jewell
And then in your higher courts, where
Juries are needed, or might be useful, you
are just as inconsistent. To say nothing
Of the discriminating way in which
jurors are drawn, and made to sit days,
or weeks, with virtually no compensa-
ton, they are expected to decide strictly
according TO law, and they not know the
the law"
'But, Tryphenia," says I, ''the Judge
will tell them what is law"
Tell them how to decide, will hep"
says she. why not let him decide with
out jury? Certainly he is more com
petent to decide than any Jury can be.
Down with all such bulwarks Of liberty
say 10
Tryphenia'es eyes were blazing, and I
saw that she was excited, so l says in
deprecating sort Of way: But, Try
phenia, you don't mean down with our
jury system p'
Yes" she says, 81 do mean just that.
Down with your jury system and up
with jury system which has at least one
little grain Of common sense in it,"
But, Tryphenia," says l, sit is nom
sense to complain of the existing state of
things unless you can propose an ade-
quate remedy"
Adequate remedyp' says she. ''If
had the making of your laws [ would
find an adequate remedy III two minutes
would abolish juries in petty cases, and
in the more important cases / would give
the jury its proper tunctiOn-and that is.
to take all OF the evidence into consider
alton, and if there are any mitigating cir
cumstanceS which require q deviation
from the letter Of the law in order to ad-
minister strict Justice, the jury should de-
viate. Instead of hauling men in from
oil over the county to get jury, would
have two or more Justices elected in each
township, and one or more of these
should be liable to serve on jury when
ever called upon by the courts, and they
should be remunerated for all public
services.''
Tryphenia sometimes gets tho better of
me in an argument, and when she does l
can only sit silent and look meek.