The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-01

due in a great measure to the fact that
shrewd and able lawyers employed by
the defense have any advantage in the
selection of Jurors and the jury is packed
for the defendant 1t is we'll to notice
some of the laws imperfections and the
abuses Hereunder Under our jury sys-
tenn in capital cases, the defendant is
allowed "a peremptory challenges
whereas the State is limited to four only,
which means that the selection of the
jury is practically with the defendant.
Why this great difference as to perempt-
DRY challenges? Such unfair advantage,
so onesided in its nature, cannot be de-
pended on any sound basis of reasoning.
Such unequal rights afford an avenue OF
escape for the guilty and too often block
the wheels of justice and destroy the
confidence of the people in the courts. 1t
is easy for the prisoners attorneys with
these advantages to place men on jury
that will not convict under any circum-
stances (for reasons known to the defen-
dant or his counseD. The result is either
an acquittal or mistrial The require
ment of a unanimous verdict for con-
viction or acquittal is a serious him
drance in our court trials It is not ne
cessary or wise. In criminal cases two
thirds ought to be sufficient to convict.
If this change were made what a number
of mistrials would be avoided. What an
increase Of convictions for the guilty and
what saving of expense to the tax pay
ers 1t is not a convincing argument 20
say that the unanimous verdict has the
sanction of age and long usage and there
fore must not be disturbed, for when ex-
perience and actual conditions demon
strate it's weakness and injustice. those
entrusted with responsibility ought to be
willing and ready to change it.
Let provisions be made whereby only
the best and most intelligent men in a
county are eligible to jury service; raise
the qualifications of juror so that the
shameful spectacle will be relegated to
the past or seeing men in the jury box
known as violators of the laws them
selves and needless of the sworn obliga,
tions upon them. Make it mandatory up
on county commissioners and sheriffs that
only men of we'll known integrity and In
telligence are to be summoned as jurors
and let the challenges for cause before
the court, be sensible ones, affecting our
personal fitness rather than some now
permitted. attend the trlal OF capital
case where the defendants cause is des-
perate, notice how Systematically his at
torney works in passing upon each man
called as juror. to reject each fair mind
ed, intelligent man and to select jury
favorable to his unrighteous designs, and
this is done chiefly through the great
number of peremptory challenges permit
ted by law. The result is justice is.
thwarted. The guilty often go free and
dangerous crimes continue unchacked.
Lynch law sometimes through necessity
precludes the expense of a farcical court
trial and deals out stern Justice because
OF the laws uncertainty.
The pardoning power ought not to be
entrusted to any one man, no matter
how honest or exalted in character he
may be, sympathetic appeals, well plaun-
ed, take possession of true. tender heart
and silence the voice of duty and right.
To pardon bad criminal out of the pen
itentiary on agreement he is to leave the
State or not to return to the community
from whence he came is a precedent
strange indeed in reason. Why should
another State or locality be afflicted with
a pardoned criminal not wanted on our
own soil or among our own people. Let