The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In the city of New York a jury trial in civil causes cannot
ordinarily be reached until two years after they are brought. In
its principal trial court between four and five thousand cases
are annually disposed of, and in 1903, there were nearly ten
thousand on its docket. When the criminal courts in the borough
of Manhattan--the greatest division of the city--were opened in
October of that year, there were nearly five hundred different
prosecutions to be disposed of, and a hundred and sixty-seven
prisoners awaiting trial who had been unable to procure bail.
In the county containing the city of Chicago (and which contains
little else), there were in 1903 twenty thousand civil cases on
the dockets of the courts. This mass of business it would
require more than two years and a half to dispose of with the
number of judges then provided, were no new suits instituted to
divide their attention.
A very large part of the cases tried to the jury are claims for
damages for accidental injuries received by employees in the
course of their service. In the county in Missouri including
Kansas City there were, in December, 1903, over fifty-one hundred
civil causes on the dockets of the various courts. The
population of the county was less than two hundred thousand.
About three-fourths of the cases were against corporations for
injuries received by their employees. The defendant in such an
action is generally in no hurry to bring it to trial. The
plaintiff often is not. He may have a weak case, brought in the
hope of forcing a settlement. He has probably no money to pay
his lawyer for trying it, and finds it hard to get together what
is necessary to summon his witnesses and provide expert testimony
as to the nature of his injuries.
Whenever it is tried, however, he is sure to want a jury, for if
the case is a good one a jury is apt to give larger damages than
a judge, and if a bad one a jury is less likely to appreciate its
weakness.[Footnote: McCloskey _v._ Bell's Gap R. R. Co., 156
Pennsylvania State Reports, 254; 27 Atlantic Reporter, 246.] A
jury trial is much slower than a trial before a judge, although
the decision is apt to come more quickly. It also facilitates
appeals by necessarily presenting more occasions for error. A
judge in trying a cause, if evidence of doubtful competency is
offered, can admit it provisionally and exclude it afterwards if,
on deliberation, he thinks that it should not be considered.
With a jury this is impossible. There must be an immediate
ruling one way or the other. In the charge to a jury, also,
opportunities are offered for exceptions which do not exist if
the cause is to be decided by the judge alone. He does not have
to instruct himself in public. He can study the case in private
at his leisure.
Public-domain text, read in full here on John Shaqi.
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