Smyrna times., 1905-02-22
JURIES IN GERMANY
THEY ARE ONLY PERMITTED TO ACT
IN CRIMINAL CASES.

A Unanimous Vote Is Not Required
In Finding a Verdict; Only a Ma
jOrity of TwO-Thirds Is Necessary. |
Jurors Serve without Pay.
1t may not be generally known that |
under the original constitution of the
United States provision is made for the
trial of criminal cases by jury, but not
Of civil cases. This in 1889 caused dis
satisfaction, the people claiming that
the omission was intended to abolish
trial by jury in civil cases, and the sew
enth amendment was soon adopted, Sc
curing the rights of trial by jury in
suits at common law where the value
in controversy shall exceed $50.
In many countries. juries decide by
majority. In France since 1881 ma
jOrity of twO-thirds is required. This is
true also in Germany, where the opera-
tion of the institution is so complicated
and withal so interesting that it is es-
pecially valuable to note some of the
methods adopted in the land of the kai-
ser to secure justice and protect the
rights of the accused.
According to German law, trial by
| jury is limited to criminal procedure
and to cases within the competence of
single court composed of three judges
and twelve jurors. The juror receives
no pay for his services, because the Of
fee 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 a criminal judgment or
such as are on trial ON criminal
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 be excluded, but whose
presence on a jury does not of itself
necessarily invalidate 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 as a special
privilege exempt from jury service in
Germany. These include officials, per-
sons employed in a 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 so privi-
legged. Physicians, however, and apOth-
, | NJ Ho, frAo ,fc
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 a list of persons who
2 are eligible to service as lay members
l of local courts. None of these lay mem
bers serves more than five days in 8
year, and this provides large list fol
jury selection.
t The presiding official in each com
5 mune must each year, prepare a list
which is exhibited for public inspec
ton for one week, at the end Of which
: time the unprotected names are sen
to judge in the district to which thu
! commune belongs.
Eventually from each "year list" ar
selected thirty jurors who constitute
what is known as the verdict list
In any given case these thirty juror
are brought before the president of tn
court, who tells them the name of tn
accused and the nature Of the offens
charged. The names of the thirt
jurors are written on tickets which ar
placed in an urn, from which the ina
twelve jurors are drawn by lot. Their
may be as many challenges as tn
names In the urn exceed twelve.
One or more persons may be draw
by lot to act in the place of regula
jurors in the event of the disabilit
of any of the latter. They sit in th
case, take part in the trial, ask que'
tions if necessary, but assist in rel
dering a verdict only in case any c
the regular jurors be suddenly il
capacitated.
The jury determines the degree 9
~ well as the fact Of guilt and is in n,
= - wise bound by the instruction Of I'll
. presiding judge as to whether give
- act falls within the definition of
- crime under the law.
=, - The jurors elect their own foreman
- - but only after they have retired to IL
" jury room to agree upon a verdict.
unanimous vote is not required in fin
ing a verdict Only a majority or tw
thirds is necessary-that is, If the vo
~ is seven for conviction and five for a
~ quittal the defendant is acquitted;
- 1t is eight to four he is convicted.
- Boston Globe.
Scotch Stories.