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Editorial
April 13, 1821
Richmond Enquirer
Richmond, Richmond County, Virginia
What is this article about?
Editorial critiques the common law rule keeping hung juries confined in a capital stabbing trial for weeks, contrasting it with civil cases, and calls for legislative reform to allow juror withdrawal and prevent forced compromises.
OCR Quality
95%
Excellent
Full Text
CRIMINAL LAW.
It seems, that a Jury have been kept together in this city near four weeks, without any prospect of their agreeing upon a verdict. They were impanelled, on the first week of the session of the circuit court for this county, to try a prisoner for stabbing. His counsel took the ground of self-defence—the jury were, however, hung—and it is presumed no verdict is now to be expected. Mean time the jury are ordered to be kept together ; and will ostensibly remain so until the adjournment of the court. The rule in a civil case appears to be different from what it is in a criminal one; in the former a juryman may be withdrawn, and the case laid over ; but in a capital case, however anxious the parties may be to withdraw a juryman and waive all exceptions to such proceeding, the common law does not admit of any such relaxation. Is this correct? Is it not time to " correct the procedure" by a written law? Lay the facts and the law as clearly as you can before the Jury ; but if they cannot agree upon a verdict, why aim to force them into a compromise of their principles by the prospect of a protracted confinement? The time has gone by when jurymen were starved into a verdict. or trundled about with the Judge through his circuit—is it not high time to abolish the remaining branch of this absurd rule
It seems, that a Jury have been kept together in this city near four weeks, without any prospect of their agreeing upon a verdict. They were impanelled, on the first week of the session of the circuit court for this county, to try a prisoner for stabbing. His counsel took the ground of self-defence—the jury were, however, hung—and it is presumed no verdict is now to be expected. Mean time the jury are ordered to be kept together ; and will ostensibly remain so until the adjournment of the court. The rule in a civil case appears to be different from what it is in a criminal one; in the former a juryman may be withdrawn, and the case laid over ; but in a capital case, however anxious the parties may be to withdraw a juryman and waive all exceptions to such proceeding, the common law does not admit of any such relaxation. Is this correct? Is it not time to " correct the procedure" by a written law? Lay the facts and the law as clearly as you can before the Jury ; but if they cannot agree upon a verdict, why aim to force them into a compromise of their principles by the prospect of a protracted confinement? The time has gone by when jurymen were starved into a verdict. or trundled about with the Judge through his circuit—is it not high time to abolish the remaining branch of this absurd rule
What sub-type of article is it?
Legal Reform
Crime Or Punishment
What keywords are associated?
Hung Jury
Capital Case
Jury Confinement
Legal Reform
Self Defense
Common Law
Procedural Change
What entities or persons were involved?
Jury
Circuit Court
Prisoner For Stabbing
Editorial Details
Primary Topic
Reform Of Hung Jury Procedures In Capital Cases
Stance / Tone
Critical Of Current Common Law Rule, Advocating Legislative Change
Key Figures
Jury
Circuit Court
Prisoner For Stabbing
Key Arguments
Jury Impanelled To Try Prisoner For Stabbing On Self Defense Grounds
Jury Hung After Nearly Four Weeks With No Verdict Expected
Jury Ordered To Remain Together Until Court Adjournment
Civil Cases Allow Juror Withdrawal And Case Postponement
Criminal Capital Cases Prohibit Such Relaxation Under Common Law
Parties Cannot Waive Exceptions To Withdraw Juror In Capital Cases
Lay Facts Clearly But Do Not Force Compromise Via Confinement
Time To Correct Procedure By Written Law
Abolish Remaining Absurd Rule Of Keeping Juries Together