Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1909-11-26
CHANGES SUGGESTED IN JURY LAW.
Some Suggested Would Better the Service
and Promote Economy.


F.p. STANDARD:
About eight years ago. when the
former TaX League of Thurston
county was in operation, a resolution
Was adopted by the league fayoring
the adoption by constitutional amend
mrnt certain provisions OF the Utah
constitution relating to juricS in
civil and criminal cases. in that Il
JurY in a civil and criminal ease shall
consist Of eight qualified persons,
except wherein the punishment may
bc capital, in which case a Jury shall
consist OF twelve jurors. In criminal
cases the verdict shall be unanimous
IN order To determine the guilt of
the accused, while in the trial of
civil causes -fuurthS of the mum
Der may find the verdict The Su-
( prcnc Court OF the United States,
IN Maxwell Is. Dow. l16 t. :. 5SI af-
irmed the cOnStitutionali.v of these
provisions. If the Washington Con
Stitutiun had contained similar pro
visions il would doubtless have re-
suited in the saving of two million
dollars at least to the taxpayers of
this commonwealth during twenty
years of Statehood
Coming now nearer home, law
of this character would save Thurs
ton county at least 81 900 every year
in the matter of jury fees, which is
an item worthy of consideration.
There is no particular force or
magic in the number twelve, because
according to biblical lore there were
twelve tribes of Israel or twelve
apostles, it affords no good argu-
mrnt why this number shall be
retained in our Jurisprudence.
Before his election, President Taft
observed, the administration of our
criminal law in every State of the
Union is disgrace to our civilization.
Again at Chicago. on his Western
trip. in Il public address. he said in
the trial of criminal cases Judges
should have greater powers; should,
among other things. be allowed to
comment upon the facts and explain
IN both civil and criminal cases the
pertinency Of the evidence, that
as the law is administered now,
particularly in some of our Western
States, the Judge possesses no more
authority at the trial of controversies
before jures than moderator at a
religious meeting
At the session of our Legislature
IN 1903. Hon. ChaS. ID. King. one of
the Representatives from Thurston
county, introduced a bill favoring
the submission of Il proposed con-
stitutional amendment to the voters
of this State, containing the provis-
ions of the Utah law with regard to
the selection of juries. The bill
passed the House by large majority,
but 1as dropped from the Senate
calendar before action was taken
thereon. Laws are made for indi-
viduals; they outgrow their useful
ness rs conditions change and ought
to be framed to meet present eXi-
gcncieS, otherwise the citizen suf-
fers in the protection of his life, lib
erty and property. About two CEN
! turleS ago, Plowden, the venerable
English JuriSt. observed: Blessed
be the amending hand.
There is no good reason for re-
qulrlng a unanimous verdict in
criminal cases. \ majority of the
members of the appellate court de-
termine the law regarding criminal
prosecutions, and why should diff
ferent rule be invoked in jury trials?
An able lawyer in Il legal period
cal, of recent date. argues that the
jury system should be so changed
that even in homicide case. after a
dellberation of twenty-four hours,
the Court ought to be allowed to
instruct the trial jury that three
ioufthS OF the members may find the
verdict There seems to be no good
reason why one or two jurors should,
in such cases, have it within their
power to cause a mistrial. Even in
Washington in civil cases tried in
the Superior Court, ten Jurors NAV
determine the verdict, the number
twelve having lost its charm. As
long Us the charm is broken it will
not harm the administration of ius-
tice to make Il further innovation
and permit "a three -fourthS verdict to
be returned in the controversies
tried before Juric>. Our Legislature
has not gone a> far as the State
Constitution will permit in that such
body has tine authority to provide
that nine jurors may render Il valid
verdict in civil cases.
BYRON MlLLETT.
AN editor in rpDlV 10 ." Ninllia -