The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1905-04-21
URIES IN GERMANY
THEY ARE ONLY PERMITTED TO ACT
IN CRIMINAL CASES.
unanimous Vote Is Not Required
In Finding a Verdict: Only a Ma
jority of TwO-Thirds Is Necessary.
Jurors Serve without Pay.

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
ma jOrity In France since 1881 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 1t is es-
pecially valuable to note some OF the
methods adopted in the land Of the kali
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
| 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 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 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 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 &C
| tive military service and teachers in
| the public schools, but attorneys are
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-
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 MEM
bers serves more than five days in a
| year. and this provides a large list for
| jury selection.
The presiding official in each COM
| mune must each year prepare list.
which IS exhibited for public inspec'
ton for one week, at the end of which
| time tie unprotected names are sent
to Il 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"
| I'm any given case these thirty jurors
are brought before the president of the
court. who tells them the maine of the
\ HccuSeU dUu tuc VI tiiS chciiSC
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 rs 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-
| tons if necessary, but assist in rem
dering verdict only in case any OF
the regular jurors be suddenly in
| capacitated.
| The jury determines the degree as
we'll as the fact of guilt and is in no
wise bound by the instruction of the
presiding judge as 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 verdict A
unanimous vote Is not required in find
Ing a verdict Only a majority or two
thirds is pecessary-that is. if the vote
is seven for conviction and five for ac
quittal the defendant is acquitted; II
| it is eight to four he Is convicted
I oho