Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-02-04
POLITICAL SCIENCE.

In this article. the nth o. the scrlea.
some further observations will bo made
upon IN. f.Fht OF trial by Jury.
ny the common law. n valuable rro-
lection TO accused persons consisted In
the principle that their trial Fhoaii
take place within the county where the
alleged offcnre was committed. Trial
at or near the place Of ones permanent
residence. among his neighborn and nc
auaintanccs. without the danger Of be-
ing dragged away from home and
friends for trial In distant places. ~
has been tho custom Of tyranny In nil
ages, afforded an accused person the
benefit N any good reputation he might
have had and Of the sympathy. at
least. OF the people, as well as their
probable attendance AT the trial as Wit
neRscs.
The national Constitution. article III.
sec. >. provides that; THE trial OF all
crimes. except In eases 81 lmpcaeh-
ment, shall be by jury. and such trial
shall be- held In the State whore the
said crimes shall have been commit
ted" And the sixth amendment made
the right morr specific. by limiting tho
place Of the trial 10 "the district where
IA the crime shall have been committed.
which district shall have been prcvi-
ously nnccrtainod by law" There are
In Utah seven judicial districts. Tho
national Constitution further provides
that; mo person shall he held to an
Hwcr for capital or otherwise lnfa-
nous crime unless on n prcsontment or
Indictment Of u grand jury. except In
cases arising In the land or naval
forces. or In tho militia" etc. The
grand jury meet, receive, aud slft the
evidence against an accused person be.
fore h. r. put on TRIAL. They do this In
their own way. Independently of the
prosecuting authorities. and are not
likely therefore to be swnyod by the
desires or Interests Of those In author
ity rs prosecutors. II the Grand Jury
indictH Caccuscsl a person, the accuaa
ton ~ tested when the person II pu. On
TRIAL before another body. ihc petit or
trial Jury.
According 10 the Revised atatuioa OF
Utah sectionH issi-ig,D. Jury is a
boIS OF persons temporarily selected
dpm the citlz'ns ~ a particular county.
49, Invested with poAe' &, present and
indict person for a public onenae. or
10 Try a question N fact
a grand jury Is body of persons
seven In number returned IN purau-
ancc OF law from citizens ul a county
before n court of competent ilisdlc-
ton, and sworn to inquire into public
ononaes committed or trlahlc within
the county. Five Of them must concur
TO bring an indictment.
\ trial jury Il a body Of persons re.
turned from the citizens OF particular
county before court or officer ~ COM
potent Jurisdiction. and sworn to Try
and determine by verdict "a question OF
fact \ trial jury In capital eases shah
consist af twelve Jurors, A trial jury
In other criminal cases and In civil
cases IN the district courts. shall con-
sist ~ eight jurors; provided that In
civil cases and cases Of nllHdemeanos.
the jury may consist Of any number
less than elght upon which the parties
may agree In open court a trial Jury
In Justices court both In clvii aud
In criminal cases, shah conmnt OF four
persons, or Of any number less than
four, upon which the parties may asrce
In open court.