A hundred instances might be given in which the juries of this country
are an evil; one or two of which we will point out. In trials between
railroad companies and those who dwell along their lines, prejudice is
usually so strong against the former, that justice for them is nearly
hopeless. In certain parts of the country, the juries are made the
instruments of defeating the claims of creditors who dwell at a
distance, and are believed to have interests opposed to the particular
community where the debtor resides. This is a most crying evil, and has
been the source of many and grievous wrongs. Whenever there is a motive
for creating a simulated public opinion, by the united action of several
journals, justice is next to hopeless; such combinations rarely, if
ever, occurring in its behalf. In cases that are connected with the
workings of political schemes, and not unfrequently in those in which
political men are parties to the suits, it is often found that the
general prejudices or partialities of the out-door factions enter the
jury-box. This is a most serious evil too; for, even when the feeling
does not produce a direct and flagrant wrong, it is very apt so far to
temper the right as to deprive it of much of its virtue. In a country
like this, in which party penetrates to the very bottom of society, the
extent of this evil can be known only to those who are brought into
close contact with the ordinary workings of the institution.
In a democracy, proper selections in the material that are necessary to
render juries safe, become nearly impossible. Then, the tendency is to
the accumulation of power in bodies of men; and in a state of society
like our own, the juries get to be much too independent of the opinion
of the court. It is precisely in that condition of things in which the
influence and authority of the judge guide the juror, and the
investigation and substantial power of the juror react on the
proceedings of the court, that the greatest benefits have been found to
accrue from this institution. The reverse of this state of things will
be very likely to produce the greatest amount of evil.
It is certain that the juries are falling into disrepute throughout the
length and breadth of the land. The difficulty is to find a substitute.
As they are bodies holding the lives, property and character of every
member of the community, more or less, in their power, it is not to be
supposed that the masses will surrender this important means of
exercising their authority voluntarily, or with good will. Time alone
can bring reform through the extent of the abuses.
The writer has not the vanity to suppose that any thing contained in
this book will produce a very serious impression on the popularity of
the jury. Such is not its design. All that is anticipated is to cause a
portion of his readers to reflect on the subject; persons who probably
have never yet given it a moment of thought.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account