The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-02-28
JURIEs In GERMANY
THEY ARs Only PERMITTED TO Ac1
IN CRIMINAL CASES.

a Uasafnasss Vote IL Not Rsasisss
IN Finaing . vsrdts1D Only Q 1s-
jsrtty OF Twe-Thirds II Necessary
ssrers Serve wisAsss Psy.
II may not be generally known thai
nndsr the original constitution Of the
United States provision In made for ths
trial Of criminal cases by jury, but no.
Of civil cases. This In 1880 caused dis
satisfaction, the people claiming thai
the omission was intended to abolish
trial by Jury In civil cases, and the sev.
enth amendment was soon adopted, 70
curing the rights Of trial by jury In
suits at common law where the value
In controversy shall exceed $40.
In many countries juries decide by 0
majority. In France since 1881 d ma
jority OF two-thirds ID required. This Ia
true also In Germany. where the opera.
ton Of the institution Is no complicated
and withai so interesting that It Ia es
pecially valuable 10 note some Of the
methods adopted In the land Of the kai
ser to secure justice and protect the
rights OF the accused
According 70 German law. trial by
Jury is limited to criminal procedure
and to cases within the competence OF
q single court composed Of three Judges
and twelve jurors The Juror receives
no pay for his services, because the Of,
fee Of Juror In an honorary one.
Many classes OF persons are excluded
from Jury service Among these may
be mentioned not only such persons as
have suffered criminal judgment or
such az are on trial on criminal
charges, but such also a. 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 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 seryants.
A great many people are as a special
privilege exempt from jury service In
Germany. These include officials, per-
sons employed In public capacity m
the service OF religion, persons In ac-
tive military service and teachers In
the public schools, but attorneys are
not numbered among these 30 privi
legged Physicians, however. and apoth.
ecaries 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 Ii selected In q list Of persons who
are eligible 10 service az lay members
OF local courts. None OF these lay mem
bers serves more than 1--WE days in q
year, and this provides a large list for
jury selection.
The presiding official in each com.
mune must each year prepare q list,
which Is exhibited for public inspec
ton for one week, at the end Of which
time the unprotected names are sent
10 Judge in the district to which the
commune belongs.
Eventually from each 'year list are
selected thirty Jurors who constitute
what is known az 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 ths oftense
charged. The names Of the thirty
Jurors are written on tickets which are
placed In an urn, from which the fnal
twelve jurors are drawn by iot. There
may be as many challenges % 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 uues-
tions II necessary. but assist In rem
dering q 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 mo-
wise bound by the instruction OF the
presiding judge as to whether a given
act fails within the definition OF
crime under the law. g&
The jurors elect their own foreman,
but only after they have retired to the
Jury room to agree upon a verdict. A
unanimous vote Is not required In and
ing a verdict. Only a majority or two
thirds u necessary that Is, II the vote
is seven for conviction and Eve for ac-
Quittal the defendant Is acquitted: II
1t 10 eight to four he is convicted
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