The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-01-29
CONSTITUTIONAL CONVENTION.
Reforms Needed for the Proper AID.
miniStratiOn of Criminal Laws,

REFORMS Neeueu IOr Jne PROPER AU'
ministratiOn of Criminal Laws.
In our last paper on this question the
subject Of reform in the administration
of our criminal law was discussed, and
especial attention was given to our
grand jury system. 1t was urged that
this system be abolished, and in its
stead we have county judge with
criminal jurisdiction, who would hold
his court every week, or as often as
might be necessary for the dispatch of
business, and before whom persons
charged with crime SHOULD be prose-
cuted on information without the
cumbrous, expensive and dilatory in
terventiOn of grand jury. Wepointed
out that this change commended itself
to us, not only on account of justice to
the defendant by giving him speedy
public trial, but also on account of
economy to the state and counties by
the saving of many items of cost which
now form the heaviest burdens of the
tax payer.
But above all it was shown that it
would be of great benefit to the state
and to the people thereof, to re-establish
confidence in the administration of our
laws, which could in a great measure
be done, by providing a simple, easy,
quick system for the dispatch of bust
ness and for the trial of offenders,
whereby the state as well as the defend
ant would get justice within a reason
able time and at a reasonable cost.
We are welded to no particular
method of carrying out these sugges-
tions, and, as stated in the last article,
it is not our purpose to go into the
details of proposed changes, but only to
point out the existing abuses and to
suggest, in n general way, the broad
lines upon which these abuses may be
remedied. our principal object, let it
be remembered, is to show, not that we
need reforms, for there are no moss
backs so dull as to deny this, but to
show that our constitution stands in
the way of many desirable reforms
that it is an impediment to our progress
and development; and that no thorough
system of reform can be accomplished
without constitutional revision.
While our Legislature, if it has the
virtue, intelligence and patriotism to
do so, can abrogate many abuses and
inaugurate many reforms, yet they are
seriously hampered by constitutional
restrictions and inhibitions, and legis-
lation, even on those subjects which
are clearly within the Legisla-
tive power, stands in great danger of
failing on account of some technical
constitutional objection; and much
good work is often undons because it is
found obnoxious to some unimportant
provision of our organic law. 1t is only
necessary to mention that five of the
Acts of the last Legislature have been
declared unconstitutional, to show the
constitutional dangers of legislation.
But returning to the subject i'm.
mediately in hand, that is, reforms in
the administration of our criminal law,
we stated in the last issue that there
were some other features of this subject
which we desired to touch upon.
Our constitution, by Sections 6 and 9
of Article |, guarantees to the citizens
of the state the right of trial by jury.
A jury is a body of men selected &C.
cording to law, empanneled and sworn
to try a case and true verdict render
according to the law and the evidence.
1t consists Of such number of men as
the law determines. BY the common
law jury, that is petit jury, as dis
tinguished from grand jury, consists
of twelve men, and unless otherwise
provided in our constitution, citizen
has the right to demand jury of twelve
men. Now our present constitution
simply guarantees the right of trial by
jury, without specifying the number
which shall constitute a jury, and con-
sequently it means a jury constituted
according to the common law, and as it
existed at the formation of our present
constitution; therefore the Legislature
has no power, according to the decisions
of our courts, to provide for a jury of
less than twelve men.
Now I am fully persuaded that
twelve men are altogether unnecessary,
especially in cases where death is not
the penalty. 1t might be that, out of
the abundance of caution and regard to
deeply rooted prejudices, a jury Of
twelve good and lawful men might be
still conceded to man who is on trial
for his life. But for all other crimes
,r.,t;,,,,l O., Second pacroA