The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The requirement of unanimity on the part of the jury in civil
causes, which we have inherited from England, is indefensible in
principle. In practice, it has saved the institution from
destruction. No one would feel himself safe if a majority of
twelve men, of no special training in the study of legal rights,
could strip him of his property. But among that number of
persons there can hardly fail to be one or two of superior
character and intelligence. These, with the aid of the judge, if
he be one who fulfills properly his part of the proceeding, can
generally lead the rest to a just conclusion. If the verdict is
for the plaintiff, they may have to yield to some compromise as
to the amount of damages. Not infrequently this has been arrived
at by calling for the separate estimates of each juror, adding
them together and dividing them by twelve. It is a rough way,
and not the fairest, but the wiser heads may consent to it to
secure the concurrence of the weaker.
In criminal cases, the importance of a verdict to the defendant
is so great that unanimity may well be required. While there is
a legal presumption that he is innocent until found guilty, this
in practice is of little avail to him with the jury. They know
from their every-day observation of affairs that there are few
prosecutions which reach the final stage of a trial on the
merits, under which there ought not to be a conviction.
In several States verdicts in civil causes by a three-fourths
vote are permitted. This radical change is not likely to become
general.
Its best defense is that temptations to corruption are thus
removed. So long as one juror, by refusing to concur with the
rest, whether with or without reason, can prevent a verdict,
there will be defendants seeking to prevent the recovery of what
they know to be a just demand, who will be ready to buy a vote.
In 1899, seven of the bailiffs in attendance on the Chicago
courts were accused of lending themselves to such negotiations,
and twenty men who had been jurors confessed that they had either
taken or been offered bribes.[Footnote: Report of the New York
State Bar Association for 1904, 51.]
The Anglo-American jury is unique because it is nothing unless
unanimous, and because it may render a general verdict, stating
no reasons for the decision, on which a general judgment, save in
exceptional cases, is entered as of course.
In the early judicial history of the American colonies juries
were less under the control of the judge than they are
now.[Footnote: See Chap. XIV.] In some colonies they received no
instructions as to the law, the chance of an unjust decision
being guarded against in civil cases, as previously stated, by an
absolute right in the losing party to claim a new trial before
another jury.
Public-domain text, read in full here on John Shaqi.
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