The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1903-09-04
Professional Jury Bench.

Tudor jerks argues in Munsey for
bench of professional jurors. He says:
what is there revolutionary in such
a proposal?" asks Mr.. jerks. ut is
not in line with all modern progress? We
have long passed the days when every
man was a jack of all trades. The de-
cision of controversies upon weight of
evidence, and the nice estimation of
theories, is expert work and should be
done by those educated, trained, and ex-
perienced in such matters. After all, law
yers. in order to present their clients
cases TO juries, are trained in precisely
this ability They learn to sift evil
dence. to estimate credibility, to decide
upon the relative probability of opposing
accounts; they, in short, are trained
iurymen, and need only the laws sane
ton to perform the functions now
blunderingly botched by the haphazard
layman.
For this work they should be ade-
quately paid. IN their work, they should
be assured OF the same respect and sub
mission now eXacted by the bench. They
should be able to settle issues, and, when
settled, to decide them. The equity courts
have long performed such offices, and
have proved the possibility and desira
bility of the change. The professional
Jurors would take to the considera-
tions of issues of fact the probity of their
characters, instead of the ignorance that
characterizes the ideal lay Juror They
could be allowed to go home and visit
their families with the same reliance up
on their honor that now forbids any
espionage or restriction of the judge up
on the bench. There might be corrupt
jurors. as there are corrupt judges; but
the rarity of soiled ermine would be Just
as great Legislatures are the most
powerful bodies in the world; and the
legislatures rule themselves. If presi-
dent of the United States be impeached,
we do not require that jury to try him
shall be drawn by lot from the citizens of
the republic. And yet, if the jury sys-
TEN be the ideal, why should it not be in
voked i'll these. the most important cases
that can arise under our government?
In brief, my proposal is this: Let
there be professional jury bench, made
up of men learned in those branches of
legal lore and civil and criminal codes
that teach the correct determination of
issues of fact. Let the lay jury be abol
ished. and all issues of fact be made tri-
able before bench that shall determine
these. and these alone. Such a change
would be no more than the speeializa-
ton and division of labor that insures
skillful and just sitting of facts, and it
requires only the utilization of the legal
talent available in all civilized lands.
The modern jury is survival, in cor
rupt form. of what was once useful
means of Justice. Modern ideas demand
its reformation, and its return to some
thing that will accomplish for us what
the old jury system did for our forefath-
ers."
Mr.. jerks would revolutionize the
courts and take them out of the hands of
the people, a dangerous proceeding. The
tendency of the times is to remove the
power of government from the people.
1t is a bad tendency. There are too
many boards, commissions, ETC., Great
ed to carry on the great amount of un-
necessary red tape. In the long run
juries picked from the people decide ques-
lions which come before them according
to the evidence and in line with Justice
Professional jurors would become cal
loused, cold blooded and without plia-
bility.
No, the people do not want the courts
taken from their jurisdiction. They want
no professional juries.