Suwannee Democrat. (Live Oak, Fla.) 1897-current, 1909-03-05
a RsIIe q BaFharisml.

CkeS Y4yue4lc4 al SA4SSAA - ~S--'--' .
the position taken BY the Times Union
a few days previously on the inapplea-
biIity Of the fundamental rules Of our
system Of criminal law to prevent con-
ditiOns. It indOrses the idea that the
whole system is out Of date, but thinks
that, even with our present system,
decided improvements could be made.
Speaking Of the Times Union, it says:
"When the same paper goes on to
say that the juries are not to blame
and that the fault is exclusively in the
system, we beg to dissent. It is per-
fectly notorious that the juriea are to
blame, and the juries alone, in 8 very
large number Of instances in which JUS
tee misearries and the guilty are &C
Quilted, and any reformation Of our
criminal laws which does not make q
radical change in our jury system viii
b failure. To remedy this great
evil Of the INSTRUMENTATION Of the
criminal law. the Times-UniOn insists
On the complete ObliteratiOn Of our
present system and the adoption Of one
hat seeks 10 ascertain the truth rather
thar 10 let ninety and nine guilty men
oscaDa.' No moral spasm ever swept
ever this country yet strong enough to
wUrk such q result Is that, but it is
surely practicable to 50 change existing
statutes. and he state constitution it.
ssll. II neceszary, that 8 higher grade
e Jury service may be available and
nsa sriah and rsvsrsals win not be
granied On any technical or other
eFognds that have not operated to de-
pFige the defendant Of substantial JUS
tisa"
Dssail Of the jury system differ in
Different states. To take eur nearest
nsighboF. Cor instance, the law Of GeOr-.
gia ssqsired and probably requires that
juries shsI be drawn fOOm among up
Fight and intelligent citizens, " and the
olIeiah who draw the juries construed
thls law as imposing on them the duty
Of selecting the best men in the county
Cor jury service. Speaking with GER
tAinly Of one county and probably
Speaking correctly for the state, the
statement can be made that not half
the white men over twenty-One years
Of age had their names in the jury box.
The jurors were the most intelligent
men in the county and yet their decis-
ions were as widely criticised as the
decisions of juries in states where the
intelligent men escape jury Service and
only the most ignorant serve.
In nine cases out of ten the men who
criticise juries would have agreed with
the verdict if they had served on the
jury. Public opinion eOnvicts the &C.
cused when the probability Ofguilt out
weighs the probability Of innocence.
Jurors are sworn to acquit unless they
are satisfied of guilt beyond q reason
able doubt, The space between the
probability and Unreasonable certainty
of guilt is the debatable ground from
which practically all criticisms Ofjuries
come,
The trouble goes back to the Magma
Charter, that things that spOuters pro-
claim today as the palladium of our
Liberties. 1t is not the palladium Of
our liberties unless we happen to be
criminals. It furnishes the methods by
which criminals are turned loose again
and again today to repeat their crimes.
This discussion is of little moment
except as specific instances are given
of provisions that make the punishment
of crime difficult. The discussion on
this line would fill an issue Of the pa
per-not simply the space that is gen
erally allotted to one editorial. We will
refer to the subject again and give now
only one instance, and that not half as
important as others that might be
given.
No person accused can be twice placed
in jeopardy. A man accused Of muir
der, for instance, may be acquitted be-
cause there is not quite enough proof
against him to convince the jury beyond
a reasonable doubt that he was guilty.
Then the verdict of not guilty is rem
dered, he can get up andlsay: Eyes, /
killed that man and glory in it and |
will kill as many more as ! please.
What are you going to do about it?''
nm Ia votbinr about II The