New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-19
BiTCHTNG THE JURY SYSTEM.

| Every new criminal trial emphasizes more
| strongly the follies and faults Of our present
administration of the jury system. and the need
| OF some radical reform therein. Take for ex-
| ample. this pending Fleming case Day after
day is being occupied with the work Of selecting
jury. Hundreds Of tale-men are called. exam
inod and rejected on one ground or another
Many days more will probably thus be spent
The process is wearisome 10 the few Jurors al
ready chosen. who may have to wait longer for
the box 10 be- nlrd than FOR all the rest Of The
trial. II is a waste Of the time Of the court and
81 highly paid Judge 1t affords the rival
lawyers opportunity 10 display the nimblencss
Of their wits. II is to the minimizing multitude
particularly amusing rarec-show. So far as
the general public Is concerned, there can be
No doubt that such Il prelude tends strongly
10 lessen the sense Of importance and soemnity
Of trial In which are involved the issues Of life
and death.
Apart from these considerations, which In
themselves are wcighty enough, what deduc-
lions are 10 be made from the fact that hun
drrls Of tarsmen have to he examined In order
10 find dozen acceptable men? There are
several that might be- made. One IL that the
officers charged with s,nnmonlng talcsmen do
their work badly. getting together the most
III men in the community For such belief
there IL probably no ground. Another Is that
the Overwhelming majority OF men are unht
10 DO jurors. Neither IL that 10 be believed Yet
third Is that the acsmcn practise lying and
gross deceit In order 10 appear ineligible, and
thus get excused from service 1t Is not credible
that such Is generally the case Yet the indis-
putabe fact Is that many are called, but few
are chosen"
The chief reason for this fact or the chief and
true deduction to be made from II. as you will,
Is doubtless this. that the scrutiny OF talcsmen
IL conducted in an absurd and inequtable man.
ner The questions asked are not merely such
as VIII properly determine the mans fitness
They are often deliberately designed to puzzle
and confuse him, TO catch him with some trick
or other. Long and involved hypothetical ques
lions are asked; some Of them Intentionally non
sensicaL Often they are intended to show off
the Ingenuity or the alleged wit OF the counsel
who asks them. And 1t Is notorious that the
net result Is not by any means the selection OF
ideal jurics. On the contrary. the twelve men
finally chosen are often below the average of
the whole body of talesmen in intelligence and
character. Juries that bring In the most I'm
satisfactory verdics, or that are open TO slls-
plclon OF improper influences, are sometimes
those upon whose selection most time and tro,I-
bic and stale smartness have been expended
The jury system Is being debauched 1t Is
being made ridiculous and contemplate, and
the whole administration Of justice is suffering
accordingly. 1t Is high time change was eff
fectcd. Jurics should be made up not Of freaks.
but Of average men. The old phrase "a Jury
or peers, Is significant Are we to understand
that whenever a criminal is to he tried the whole
city has got to be ransacked to find n dozen
men who are his peers-hs peers, that Is, SUD-
posing him to be Innocent? 1t Is preposterous.
An Improvement on the present method Of selec-
ton must be found, and found soon or the whole
system of trial by jury will fall through abuse
into entire disuse