The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1905-02-10
JURlES IN GERMANY
THEY ARE ONLY PERMITTED TO ACT
IN CRIMINAL CASES.
A Unanimous Vote IL Not Required
In Finding NerdirtI Only N Ma
Jority of Two-Tbirds o. Necessary.
Jurors serve without Pay.


under tho original constitution Of th'
United States provision r. made for th'
trial Of criminal cases by jury, but moi
OF civil cases. This in 1889 caused dis
satisfaction. the people claiming that
the omission was intended 10 abolish
trial by Jury in civil cases. and the scy
cnth amendment was soon adopted. So
curing the rights Of trial by jury IN
suits nj common law where the valuc
i'm controversy shall exceed 500.
In many countries jurics decide by q
majority. In France since 1881 - ma.
tority of two-thirds Is required. This ie
true also In Germany, where the opera
tion of the institution IL so complicated
and withal so interesting that II Is es-
pccially valuable 10 note some Of the
methods adopted In the land Of the kai-
,er TO secure justice and protect the
rights OF the accused.
According TO German law, trial by
Jury ia limited 10 criminal procedure
and 10 cases within the competence Of
n single court composed OF three Judges
and twelve Jurors. The juror receives
no pay FOR his services, because the OF
fce OF Juror is an honorary one.
Many classes OF persons are excluded
from jury service. Among these may
be mentioned not only such persons AK
have suffered criminal judgment or
such as are on trial on criminal
charges, but such also as nrc restricted
In the use OF their property by judicial
decree.
The law enuineratcs also certain
classes Of persons who ought not TO be
summoned for jury service and who
are meant 10 bc excluded, but whose
presence on n jury does not OF Itself
necessarily invalidatc a 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
a great many people are ~ special
privilege exempt from jury service In
Germany. These include officials, per
sons employed In public capacity In
the service Of religion, persons in ac
tive military service and teachers In
the public schools, but attorneys are
not numbered among these 80 prlNl-
legged. Physicians, however, and apoth-
ecarics who have no assistants, persons
above sixty -four years of age and per
CONS who show that they are unable 10
bear the expense of this unpaid jury
service nrc among the privileged.
The basis of the list from which the
Jury Is selected is n list Of persons who
are eligible To service rs lay members
of locnl courts. None Of these lay mem
bers serves moro than i've days IN a
year ana this provides u large list for
jury selection.
The presiding official in each com
munc must eaCh year prepare list
which IN exhibited for public inspcc
ton for one week. at the end OF which
time the unprotected names are sent
to judge in the district 10 which the
commune belongs.
Eventually from each year list are
selected thirty jurors who constitute
what is known as the verdict list
In nny given case these thirty Jurors
are brought before the president of the
court, who tells them the name Of tl,
accused and the nature ~ the oncnSe
charged The names of the thirty
Jurors are written ON tickets which ar,
placed I'm an urn, from which the huaI
twelve Jurors arc drawn by lot. Thcr,
may be M many challenges ne th,
names In the urn exceed twelve,
one or more persons may lac drawn
by lot 10 act i'm the plac" ~ regular
Jurors I'm the event Of the disability
OF any OF the latter. They sit In th,
ease, take part In the trial ask pucs
tions il necessary, but assist in rcn
dering n verdict only in case any oi
tho regular jurors he suddenly In
capacitatcd.
The jury determines the degree a'
we'll as the fact of guilt AMI Is in no
wise bound by the instruction of the
presiding Judge a. to whether Il givcI
act falls within tho definition of ,
! crime under the law.
The Jurors elect their own foreman
but only after they have retired to th'
/ jury room TO agree upon verdict '
unanimous vote Is not required In tiud
/ ing verdict. Only n majority or two
/ thirds is necessary that is, II the vot'
Is seven for conviction and five for nc
| puittal the defendant IL acquitted; |
Il is eight TO four he is convicted.
| Boston Globe.