The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-03-04
He WOULD ELEVATE
THE JURY SYSTEM
Justice Brewer of the Supreme
Court Expresses Views.
ADVOCATES A CHANGE
LESS NUMBER, BETTER PAY AND
BETTER TREATMENT
ospeciaI Correspondenee.)


Washington, Feb. IA story is printed
here to the effect that no statement by a
member of the supreme court of the
United States within recent years has
been more discussed by the legal profess
sion than that of Justice Brewer advo-
eating a change in our jury system In
discussing the matter, Justice Brewer
said:
Il am not originating any new move
ment, but simply expressing my opinion
or the present system OF trial by jury
ana advocating some changes which 1
tnlnk Will better it. Everyone knows that
at present strenuous efforts are often
made by the defense, especially in Grim
Ga 1850, 70 secure the presence OF one
can depend, for the purpose of prevent
ing conviction. if an acQUittal cannot
De secured Anat could be avoided If a
verdict We're rendered by a fair majority
or the jury. instead of a unanimous vote
being required
How much of a majority would YOU
THINK necessary to insure a fair trial and
conviction?' was asked.
I have not yet formulated any plan or
system of that kind, a" was the RESPONSE
i should think that in a murder trial
ne ne EeIulGI- should be nearly, If not quite.
the unanimous opinion of the jurors
90 not think that the same majority
sHould Apply TO juries in the trial of minor
OHenses, such petty larceny as in a
murder trial, or the same in the case of
note for a few hundred dollars as
where mans home or his propertv were
involved believe IN the majority priu-
clple IN criminal as well as civil cases
put think II should be applied differently
70 the various onenSeS. / have not given
the matter sufficient attention to offer
any suggestions as to the majority in any
DO you believe the size of the Jury
should be diminis hed?''
90 IN many cases. There IS no reason
why twelve men should be compelled TO
devote their time to cases so trivial thai
three TO ten men would answer lust as
WeIl owing to the treatment accorded
I tha
service mas become a thing to be avoided
II Is a relic of barbarism handed down
he ns il,e f niiGuI I dgeS- a Juryman should
ppe pau L9lr wages and, allowed to go
nome TO his family in the evening and
ENJOY the comforts of life. OF course he
might De approached, but so might a
/ Judge on the bench. Judges go home at
! night and rningle with the outside world
and why should the jurymen be locked I'm
| and treated like criminals? ~
- telnk the danger attending the sys-
/ tenn OF permitting the jurors to leave the
court after II IS closed. would be much
] more than Offset by the advantages of Sc
curing better and more intelligent Jurors.
] As ~ Is, the jury boxes throughout the
/ country are filled with men who have lit
tie or nothing else TO do. Business and
! professional men dislike jury duty and
avoid 1t whenever they can.
! This is not right It is a patriotic
uuIy ana man should be willing to
/ juror as in any other direction Were tba
! size OF the jury. decreased and the mem
| bers better paid and better treated, / be-
Z
] juries and of the whole legal system and
| good, intelligent men might then be Will
! ing 10 serve on jury where service CON
Ierred something of distinction upon a
jury O-'''''' ''O -0i q
4 have no special preference. There is
no magic in numbers for me in connection
! with the law. 1t is true that the number
| LWeIVe runs through the Bible. as do the
/ numbers three and seven. but nothing of
t tnat kInd appeals to me in this connec-
| ton Without giving the matter careful
! consideration; 1 should say the size of
| the jury might well be regulated bv the
/ Importance of the case TO be tried For
| instance, five or six men might easily try
| "A case of assault, while twelve would he
/ preferable for a case involving the loss of
! NE. should think the size and the oues-
| ton OF majority could be adjusted ac-
! cases"
How is the size of the jury determ-
The common law is followed and in
! common law the jury is COMPOSED of
! twelve men. The matter is, however. in
| the hands of the states, which can change
! the number for state trials by amending
! their constitutions. At least one state,
and perhaps others, has made such a
/ provided for a jury of eight instead of
! twelve. To make any change in the fed
| eral JurIes trying offenses against the
! United States would require a constitl1-
! tional amendment. While the constft1I-
! ton In guaranteeing a jury trial does not
| specify the number the rule of common
! law must oe IOiloWed and an amendment
Der. -
| Il think the sentiment in favor of ele-
N9tlng the jury system is growing. Form
| erly, | believe, all juries in murder cases
| We're locked UP over night. Now | under
| stand, IN several states, at least the
Juries are given the same freedom as in
| J S VAN ANTWERP