The Chautauquan, Vol. 03, May 1883Chautauqua Literary and Scientific Circle
History
The Chautauquan, Vol. 03, May 1883
Chautauqua Literary and Scientific Circle
Chautauqua Institution -- Periodicals; Chautauqua Literary and Scientific Circle -- Periodicals
The constitution of the United States guarantees that every American
citizen shall have the privilege of having his cause tried and decided
before a jury of twelve of his peers. For centuries this jury system
has prevailed among the English. The framers of our constitution
modeling their laws on the basis of English jurisprudence, incorporated
it into our judicial system. Its purpose is to secure in every case
a just and impartial verdict, and one that is in accordance with the
evidence adduced in the progress of the trial.
It is the duty of every government to see that justice is meted out to
all its citizens, that their rights are duly respected, and that the
poor and weak among them are placed on at least civil equality with the
rich and the powerful. Many centuries of trial has proven it to be the
best means of securing these desirable results. The juror is supposed
to take his place in the jury-box with his mind wholly unbiased with
reference to the case to be tried. In many instances the jurors have
never heard of the case which they are summoned to try. The parties in
the suit are entire strangers to them, or at least are usually persons
in whom they have no especial interest. Under such circumstances a jury
of fair intelligence is pretty sure to bring in a righteous verdict.
But the matter of ignorance in reference to the case to be heard by
the jurors may be, and of late in many instances has been, carried to
an unreasonable extent. In many cases which are of public interest,
and which are of sufficient importance to be discussed by the press,
familiarity with what has been said is deemed sufficient to bar an
individual from sitting as a juror during their trial. As a result of
this it is often difficult to secure a jury in a case which has excited
much comment, and which has been the subject of discussion by the
press. The mere fact that a man has read newspaper accounts of events
that have transpired, or even editorial comments upon them, does not
necessarily disqualify him for being an impartial juror.
Public-domain text, read in full here on John Shaqi.
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