Weekly Arizona journal-miner., 1904-01-27


| fiuences.
5. 1t is unskiIIed in the examina-
ton of witnesses.
6. Contrary to the spirit of the
age, it is a secret tribunal, and exper-
fence teaches, that secret body can
easily screen an offender.
Z. As at present constituted prop
erty qualification seems to be prime
necessity and this is a poor guarantee
of either good sense, good morals,
honesty or intelligence.
8. 1t can be made the instrument of
oppression.
9. Prejudice and not justice may
prevail at its hands.
10. There is the constantly recur-
ring danger of serious miscarriage of
Justice through mistakes in proceed
ure, or the incapacity OF unaccustomed
jurymen to determine the value of
evidence, or as to what is evidence.
II. No right of challenge can be
had like that in petit jury.
H. Friends or foes of the accused
may be placed on the jury.
I3. No rules of evidence govern.
IA. 1t is very easy for a partial or
unwilling witness to suppress or color
his evidence in the secret examina-
ton.
10. 1t is a constantly changing
body.
l6. Social and political considera-
tions often control jurors minds and
cause partial justice.
II. Each jury is swayed by one or
two of the most clever or most agrees
sige of its members.
Is. 1t is an anomalous and circum-
locuting tribunal.
10. 1t has little or no weight in
the community and its representa-
tions and recommendations are prac-
tically ignored.
20. 1t gives criminals too many
chances to escape and does not protect
the innocent to a greater extent than
could be done by less expensive and
less cumbersome tribunal.
q. The prejudice of local jurors
may prevail against evidence.
%. Not the grand jury, but the
petit jury constitute under the laws
and constitution of the United
States, the true protection of the sub
ject against unjust or frivolous pros
ecution.
%. Its abolition would relieve a
large number of the most substantial
men of each county from the perform
ance of an onerous duty and burden
cast upon them frequently at most in
convenient seasons.
"a. 1t has not single attribute
with which public criminal prose-
cutor is not already clothed, or with
which he cannot be more advantag-
eously clothed.
%. The appointment of competent
men at reasonable salaries to inspect
the county houses, hospitals, jails and
houses of refuge, ETC., and to inspect
the accounts of public officers would
render the office of the grand jury in
this respect valueless.
26. An influential man, if unscrup
ulous, could covertly WELD immense
influence with the grand jury to suit
his views.
q. 1t is only potent to help a
criminal by shielding him from a
searching examination in open court
where the public ear is ready to de-
tect and the public tongue to censure
everything savoring of partiality OR
injustice.
%. The reason that it was at one
time necessary in the absence of Off
GERS of the law, for bringing offenders
to justice, no longer exists.
%. Its inherent power of indict-
ment and exercise of preseDtment
could be effectually transferred to a
public prosecutor.
30. The long term of imprisonment
of possibly innocent persons, unable
to procure bail in the interval be-
tween a commitment by justice of
the peace or other committing officer
and the meeting of the grand jury
may in the interests of humanity be
urged as a very good reason for its
adjustment.
81. In some communities it has
been charged that even the church
and the lodge are sometimes made use
of in the interest of an accused per-
son.
81. 1t would long since have been
a thing of the past if its decisions
were in any sense final or conclusive
against an accused person.
80. The tendency of the grand jury
to usurp the functions of the petit
jury, instead of combining themselves
to the simple questions whether a
prima facie case has been made out is
another very serious objection to the
system.
"a. The extended jurisdiction
given to judges and committing mag
istrates has reduced the labors of
grand jurors to minimum.
80. While the grand jury may
sometimes battle the attempts of male
violence by ignoring a malicious and
unfounded prosecution, yet this is the
duty of the district attorney or other
prosecuting officer and can cheerfully
and promptly be done by him.
Sc. By placing the authority in the
hands of the prosecuting officer there
will be no grand jury to shield Grim
inal with whom they may possibly
have strong political or social sym
pathies.
81. The grand jury system has been
abolished by many of the older states
as wholly unnecessary.
j. d. Wakely.
Prescott, Arizona.