Courts -- United States; Trial practice -- United States
A discussion of the jury system is not in place. The jurymen have
already been summoned and are in court and until the structure of the
law is changed they will remain. They are ready to try any case that
may come before them. The judge feels a sense of relief at not having
to pass upon the facts. The law being laid down, all that remains for
him to do is to see that the facts are fairly and plainly presented to
the jury, that both sides conduct the case in a reasonable manner and
that the trial be as open-minded as possible. The anxious attitude of
mind toward the jury is that of the parties who are to be judged, the
lawyers and their clients.
The jury do not become very excited over the wrongs of one side or the
other. They certainly do not enjoy the trial or look upon it as an
example of a good fight although under the present system of procedure
that is what it is supposed to be.
V
THE STRENUOUS LAWYER
Of equal importance in the cast are the lawyers. They play the parts
that represent action. The judge and jury are the heavy characters.
The clients who make their entrances and exits as they take or leave
the witness chair are of minor importance. The lawyers occupy the
center of the stage the greater part of the time. Their clients sit
watching, the judge and jury keep silent and listen to them.
In order to make a trial or a contest there must be two sides. There
may be three or more lawyers, but usually they divide themselves into
two groups and take sides. The attacking party,--the plaintiff,
complainant, or prosecutor,--naturally the more aggressive, and the
man who is defending himself.
The latter's lawyer is the one who is wary and alert. Sometimes the
attacking lawyer having gained a position sits down and defends it.
During the trial there is a constant change of attack, the taking of a
redoubt, charges and countercharges, trenches captured and forsaken
again. The intellectual and legal battle is as bitter as any physical
one. To the understanding observer and the participant it is momentous
and intense.
While the contest is waging there is no intermission. The fight is
always hot, keen, bitter. Quietly as the lawyer may handle himself,
underneath his calm exterior he is ready to fight, bite, scratch,
shoot, kill, slash, but always he must do so under the rules of the
game, never hitting below the belt. What the battle is about is the
issue, the result is called the verdict, or the decision, and the
formal statement of the court as to the result the judgment.
Public-domain text, read in full here on John Shaqi.
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