The morning call., 1893-12-23
REFORM THE JURY SYSTEM.

Editor CGlL-SIR: The law requiring unanI-
nifty In finding verdict in criminal cases has
been In existence for hundreds of years, and If
there was anything radically faulty In the num-
Der OF votes required to render a verdict we
would have found 1t out before now, said Chief
Justice Beatty. referring to the proposal to
permit threefourths of the jury to find a ver-
dlci IN criminal, as they already do in civil
cases.
The argument is then that unanimity has
stood so long already that it is too late to dis
turb il now.
This is but pleading the statute OF limita-
tons TO maintain conceded wrong. In the
history OF our race, how many crying abuses
have stood "hundreds of years" before they
were corrected? How often would discovery
valuable TO mankind have been put aside be-
cause no one had found 1t out before now?'
In fact this view Of Judge Beatty substan-
TALLY comedies The propriety Of tie proposed
Jury reform in criminal administration.
Let any one run over In his own mind the
multiform processes of government-State and
Notwithstanding our dearest personal rights,
ana hnd, II by can, in what single instance,
other than in criminal Trial by jury, unan-
unity of decision is exacted.
MaJorftles govern in The adoption OF constitu.
lions by the people: III all legislation, FEDERAL
and State; in decisions of courts; in lmueacf-
ment trials, where, two-lhrds OF the members of
a senate c0ncurrlng, may remove even Chief
Justice. and render him infamous forever.
Judge Beatty seems TO suppose. too, that
nothing desirable has been accomplished by our
present law permitting verdict of three.
fourihs in civil cases; but in that supposltion
be differs from almost every one else upon
every hand that change meets with unqualified
approval; let the Judge suppose that proIo-
stlOn were now on foot TO return to the former
unanimIty plan in civil cases. how many sup
porters does he think IL would find?
To permit three fourths of Jury to decide
upon criminal charge viii encounter great op-
position, no doubt; among those opposed Will
be found all who, like the Judge, favor what
ever Is, II ii has been in existence for hun
dreds OF years.; but the mere number of these
gentlemen Is not great; besides these, the oppo-
sllOn Will, OF course, include criminals OF every
degree; they VIII 10 man insist upon main
tanning unanimity IN verdicts-they well un.
derstand the protection ii affords 10 them,
though it would seem that some honest men do
not; besides the criminals themselves, those
lawyers who habitually defend them in the
courts Will struggle desperately to prevent the
proposed reform IN inry trials; some of these
are able and Influential men, prominent in
politics. numbered among the leaders In each
of the grea political parties though they differ
with each other in politics they will agree ia
ST ern opposition TO the proposed change.
Ii is the united power OF these gentlemen of
the criminal bar that is most TO be dreaded In
the coming struggle 10 effect a change. Should
the proposed amendment 10 the constitution be
submitted TO the people it would no doubt be
adopted by an overwhelming vote. When
adODied 1t would operate as a notice to GRIM
inals to quit and deter other criminals from
coming to this State. Cri me would be dimin-
ished al once-diminished TO perhaps one-half
III any one doubts this let him ask our Chief OF
Police. who has spent almost a lifetime in
studying criminals and their habits
AN ADVOCATE OF REFORM