In criminal cases the verdict must be unanimous one way or the other; if
not, the case has to be tried all over again.[151] In civil cases
unanimous verdicts are required in some states but not in others. The
verdict, whatever it may be, is reported in open court and is ordinarily
conclusive. In some cases, however, the presiding judge is empowered to
set a unanimous verdict aside and to order a new trial.[152] Where an
accused person is found not guilty by the unanimous verdict of a jury he
may never, under any circumstances, be placed on trial for the same
offence again.[153] If he is found guilty, on the other hand, he has in
most cases the right to appeal, on points of law, to a higher court.
=Value of the Jury System.=—The jury system has great value but also
some serious defects. Its value consists in assuring to everyone a fair
determination of the facts by an impartial body of his neighbors, each
one of whom is sworn to decide without fear or favor. It is a great
safeguard against the tyranny of judges and public officials. On the
other hand it makes judicial administration expensive (for the jurymen
have to be paid); it results in making trials much longer than if the
evidence were heard by a judge alone; and the requirement that verdicts
shall be unanimous often results in no verdict at all. Exemptions from
jury service have been given too freely, so that juries are sometimes
made up of men who serve because they have no other work to do. The
others are either exempted by law or ask to be excused by the court.
Prolonged trials and close confinement make jury service a burden which
many people try to evade. In serious cases the jurymen are sometimes not
permitted to visit their homes for weeks at a time; they sleep in the
courthouse, have their meals under the watchful eye of the sheriff, and
are not permitted to read the newspapers while the trial lasts.
Occasionally we have witnessed the absurd spectacle of a jury kept under
guard while the prisoner was out on bail. Yet with all its faults the
jury system affords a safer method of trying criminal cases than trial
by a judge alone. On the other hand the use of jury trials in civil
cases, particularly where the matters in dispute are not of great
importance, tends to delay the work of the courts. It has been suggested
that all such cases ought to be tried by the judge alone.
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