Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-15

prenae Court, often expressed nlnlSeIi
from the bench as being an enemy OF the
Jury system, and he never overlooked an
npportunity 10 condemn the system be-
cause of the failure of juries to bring a
guilty verdict when his long experience
told him that the defendant should be
held. II YES his bslief that such &C.
tions of i,iries contriau ed TO crime
waves
While there Is little probability that
less than the unanimous verdict OF a
sQrp of l. ever will come in criminal
cases, there is belief In some legal
circles that it would be better to nave
q three foGrthS verdict i'll civil cases,
In criminal eases. the IL men must oe
convinced beyond p reasonable douh!
that the defendant is guilty ana
thsrein hos the chance for the criminal
and many demand q jury ttia! IN ms
Gemeansr cases because OF this l2-to~l
chsnce. A lecturer in local law
Scaccl antly informed his students, IN
cne cE his talks. that they must re-
member that in defending person
that thsy would only have to convince
one man that the defendant was right,
whereas the Government attorney must
convince IL minds.
Experience Of California.
California is one or tae States that
have had many wears of experience with
the three fourths verdict In civil cases,
the constitution of the State which
was adopted in 1897 having provided
for IT, Discussing this feature OF the
Jury system in his own STATE, Secre-
fary Curtis n Wilbur of tn Navy De-
pertinent. and a former member of the
sunrcrne bench Of thst State. said;
After more than half centurv's
experience under this provision OF the
state constitution. the results have
been so satisfactory that l. doubt II
single pre- Icing attorney could ne
found wl,~[Sould advocate a return to
the urs@.nous verdict The chances
az a-.@%steement are greater where the
tt-fourths of the jury may render
q verdict The length Of time for de-
liberation is decreased by reason OF the
fact that 1t is no longer necessary TO
snend time in convincing one. two or
three members of the jury who may
not be in accord with the majority.
Instances have occurred where after
a long and extensive trial verdict
has bsen rendered by three-fourths OF
the jury where 1t has been evident
that q unanimous verdict could not
hast sen obtained. Other States. such
as i~aho, Nevada, South Dakota, Utah.
Washington and Oklahoma, have fol-
lowed the example of California IN per-
hitting verdicts to be rendered by
three-fourths of the jury in civil eases
System Might Be Extended.
THE question that naturally occurs
To us IN connection with this change IN
the judicial system by which verdict
may be rendered in a civil case by
three tourthS OF the jury Is, why cam
not the same system be applied TO
criminal cases." the Secretary con-
tinued.s 1T has been e~>slied IN some
States to nisdemeanor Eases, but in
no State 10 felony cases. Lawyers seem
reluctant TO change the rule in felony
cases There las been considerable
agitation in California from time TO time
before the various bar associations OF
the State with reference 70 the ques-
ton of unanimity in the verdict of the
majority of the bar would be in favor
of such q change in all felony cases,
except capital ones.
The obvious reason for so much
douhs with reference % the advisa-
bisitv of q verdict of less than ell the
Jury In criminal case arises from the |
serious results TO the defendant In the /
event he is convicted. Without either /
advocs ting a change or expressing a |
positive view with reference to the de- |
STABILITY of a change. / desire TO point !
10 some Of the reasons which might be /
controlling In connection with such . /
proposal
The administration of criminal law
In most Jurisdictions has undergone
most radical and *merciful change in
the last % years due to the iraugura-
finn Of the juvenile Court system deal
ing with minors and the new system of
probation. of indeterminate sentence and
parole. making it possible to treat the
adult convicted felon ON an entirely
f1ew basis. Conviction Of felony no
longer means death Us 1t did IN earlier
times. and NAV mean nothing more
serious 70 the defendant than depriva-
ton Of civil rights and the requirement
10 report at certain intervals to Dro-
baton officer, with the right to have
the case reopened and dismissed In the
event that his conduct during the pro-
stationary period is satisfactory,
ADVANTAGES TO Prisoners.
ssTn the event that the defendant
Il sentenced TO prison. the period Of his
confinement under the indeterminate
sentence law depends largely upon his
conduct while In prison, and even In
case OF sentence to life imprisonment
* has been the practice in most juTis-
dictiOnx to release the prisoner al the
asad Of a comparatively limited period,
nv eight years. in the event that his
ckiduct is satisfactory. The release
Ia usually made upon parole, subject
to reasonable restrictions and super
vtsasn. The parole system operates as
a Limitation upon the liberty Of the
defendant. but at the same time gives
him the advantage Of the supervising
ofsceY. who not only assists him In
getting employment. but will advise and
counsel him in ae event that he en-
counters difficulties In establishing
himself rs z worthy citizen.
I'm 50 far As the requirement OF a
unanimous verdict In criminal case
vas based upon the certainty Of almost
instantaneous death after conviction,
end was adopted or adhered 10 because
Of the rule that the defendant could
not b. represented By counsel and could
rot take The witness stand IN his own
behalf the rights nov given TO the de-
PENDANT securing to him the benefit OF
counsel ard also the bene1t o! his own
testimony. and the extension OF greater
lenlency IN the event Of conviction.
have no far modified the conditions Of
the trial and It's consequences that
reconsideration Of the principles In
yolyed in unanimous verdict IN
criminal case is fully justified. There
ere other reasons applicable alike To
criminal end civil cases. that deserve
confederation with reference tn the
common lev requirement Of unani-
nous verdict
Power os Judge Restricted.
@The modern tendency is 10 restrict
the power of the Judge In his instruc~
fiors ~ the jury and his conduct Of the
case 50 that the Jury are freed from the
cortro which would otherwise be ex~
ercised upon them BIZ the expressions
Of opinion ny the Judge upon any con-
trovertec question Of fact There is no
Doubt that lurjes are eager TO aSceF~
tain the opinion Of the Judge In whom