Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1905-03-22
JURIES In GERMANY
THEY ARE ONLY PERMITTED TO ACT
IN CRIMINAL CASES.

A Unanimous Vote II Not REQUIRED
Ina Finding "a Verdict, oaiy a Ma
jority Of Two-Thirda II Necessary.
Jurors serve without Pay.
IL may not be generally known that
ur'cr the original constitution OF the
JI.ted States provision Is made for the
trial OF criminal cases by jury. but not
of civil cases. This I'm 1889 caused dis
satisfaction. the people claiming that
the omission was intended To abolish
trial by jury In civil cases and the sew
cnth amendment was soon adopted. Sc
curing the rights OF trial by jury in
suits at common law where the value
I'm controversy shall exceed $40.
In many countries juries decide by a
majority. In France since 1891 n ma
jority of two-thirds is required. This Is
true also in Germany, where the opera
ton of the institution is SO complicated
and withal so interesting that IL is es-
pecially valuable TO note some OF the
methods adopted i'm the land OF the kali
ser 10 secure justice and protect the
rights OF the accused
According TO German law. trial 10y
jury is limited TO criminal procedure
and 10 cases within the competence OF
n single court composed OF three judges
and twelve jurors. The juror receives
no pay Tor his services. because the Of
flee Of juror is an honorary one.
Many classes of persons are excluded
from jury service. Among these may
be mentioned not only such persons as
have suffered Il criminal Judgment or
charges. but such also as are restricted
In the use Of their property by judicial
decree
The law enumerates also certain
classes OF persons who ought not to be
summoned FOR jury service and who
are meant to he excluded. but whose
presence on jury does not OF itself
necessarily invalidate n verdict. In
this group are persons under thirty
years OF age. persons who within three
years have received support from pub
lie charities for themselves or their
families and persons who are en-
ployed as servants.
y great many people are as n special
privilege exempt from jury service i'm
Germany. These include officials. per-
sons employed I'm 4 public capacity in
the service Of religion. persons in nc
tive military service and teachers I'm
the public schools, but attorneys are
not numbered among these so privi-
legged. Physicians. however. and apoth-
ecarics who have no assistants. persons
above siXty-four years Of age and per
sons who show that they are unable to
bear the expense of this unpaid jury
service are among the privileged
The basis OF the list from which the
jury is selected is list OF persons who
are eligible TO service as lay members
of local courts. None OF these lay men,
bers serves more than five days in
year. and this provides large list for
| jury selection.
The presiding official i'm each COM
mune must each year prepare a list.
which is exhibited FOR public inspec-
/ ton for one week, at the end OF which
I time the unprotected names are sent
I 10 a judge I'm the district 10 which the
commune belongs.
Eventually from each year list" are
selected thirty Jurors who constitute
what is known rs the verdict list"
In any given case these thirty jurors
are brought before the president OF the
court. who tells them the name OF the
/ accused and the nature OF the Offense
charged The names OF the thirty
Jurors are written on tickets which are
placed in an urn. from which the final
twelve jurors are drawn by lot. There
may be as many challenges as the
names in the urn exceed twelve.
One or more persons may be drawn
by lot 10 act in the place of regular
jurors in the event of the disability
OF any Of the latter. They sit In the
case, take part in the trial, ask ques-
tons IL necessary, but assist in rem
dering n verdict only in case any OF
the regular jurors be suddenly in
capacitated.
The jury determines the degree rs
well ms the fact OF guilt and is in no
wise bound 10y the instruction OF the
presiding judge as TO whether a given
act falls within the definition of n
crime under the law.
The jurors elect their own foreman.
but only after they have retired TO the
jury room 20 agree upon verdict. 4
unanimous vote is not required In find
ing verdict. Only n majority or two
thirds is necessary-that is. il the vote
is seven for conviction and five for ac-
quittal the defendant is acquitted; IL
it is eight to four he is Convicted
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