The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1905-02-25
JURIEs. IN GERMANY

JURIES In GERMANY
THEY ARE ONLY PERMITTED TO ACT
IN CRIMINAL CASES.
A Unanimous Vote Is Not Required
In Finding q Verdict, Only a Ma.
jority of Two-Thirds Ii 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 Don adopted, Sc
curing the rights of trial by jury in
suits at common law where the value
in controversy shall exceed 500.
In many countries juries decide by a
majority. In France since 1881 a 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 it is es-
pecially valuable to note sorle of the
methods adopted in the land of the kai-
ser to ecure 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
a 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 n
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 i'll
the service Of religion, persons in ac-
tive military service and teachers in
the public schools. but attorneys arc
not numbered among these SO privi-
legged. Physicians. however, and apoth-
ecaries who have no assistants, persons
above sixty-four years of age and per-
mi 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
are eligible to service as lay members
of local courts. None of these lay mem
bers serves more than five days in a
year, and this provides q large list for
jury selection.
The presiding official in each COM
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 sent
to a Judge in the district to which the
commune belongs.
Eventually from each ''year list" are
selected thirty jurors who constitute
what is known as 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 to 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-
lions if necessary, but assist in en-
dering a verdict only in case any of
the regular jurors be suddenly in
~capacitated. .,
The jury determines the degree as
well as. the fact Of guilt and is in no
wise bound by the instruction Of the
presiding Judge Is to whether a given
act falls within the definition of a
crime under the law.
The jurors elect their own foreman,
but only after they have retired to the
jury room to agree upon a verdict. A
unanimous vote:js not required in find
ing a verdict. Only a majority or two
thirds is necessary-that is, If the vote
IL seven for conviction and Ave for ac-
quittal the defendant is acquitted; If
it il eight to four he is convicted
Boston Globe.
ttPeaigree" Of "Dos."
II any Londoner crawling up to bust
ness by train or tram through the fog
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