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Editorial May 10, 1905

Milk River Valley News

Harlem, Blaine County, Montana

What is this article about?

Editorial critiques the jury system's vulnerability to bribery, as illustrated by a Chicago case, and argues it faces greater threats from poor treatment of jurors. Advocates improving juror conditions, avoiding coercive practices, reducing unnecessary jury trials, and enhancing respect for the institution to maintain its role in justice.

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Trial by Jury.

A witness in a Chicago case swore the other day that he had bribed more than a hundred jurors. Asked if any of the jurors he approached had ever refused to do business with him, he replied that he only remembered three who had been proof against his seductions.

Naturally an incident of this character leads to a discussion of the value and safety of the jury system. It was primarily intended to secure for the accused trial by his peers, and by men drawn at random from the body of the people. One of its purposes was to balk interference by the crown through coerced judges; and, in a day when the people had to stand together against this sort of tyranny, it did its work well.

But no one fears the tyranny of the crown now, and we would have quite as much faith in the integrity of the judges as in that of the best jury. It, perhaps, is a safeguard still to have it known that a jury will sit on a case which will be drawn from the body of the people by chance; but it is a safeguard against possible rather than present evils.

If anything like this shocking Chicago experience were to become at all common, that safeguard would not weigh in the balance for a moment.

Still, the truth probably is that trial by jury is in more danger from another side than from that of possible corruption. And this is the hard usage to which jurymen are frequently subjected. This leads to a great reluctance to serve on a jury, and to a feeling of soreness and resentment when compelled to serve.

It ought to be recognized that a juryman is performing a patriotic duty, quite as important as that of the soldier; and the utmost pains should be taken to make his lot a happy one.

The locking up of a jury, for instance, with a view to coercing it into reaching a verdict by sheer pressure of imprisonment should never be resorted to. If a jury cannot agree after a reasonable discussion of the evidence, its disagreement ought to be frankly accepted and the jury dismissed.

Then it would seem as if the number of jury trials might be reduced. A jury should not be called in except where its judgment as to fact is absolutely required. Otherwise, the judges might safely be intrusted with the work.

Jury service will have to be given more dignity and more comfort and more respect if it is to last in the high form which makes it a safeguard to the course of justice.

-- Montreal Star.

What sub-type of article is it?

Legal Reform Crime Or Punishment

What keywords are associated?

Trial By Jury Jury Corruption Juror Treatment Legal Reform Jury System Safeguard

What entities or persons were involved?

Chicago Witness Jurors Judges Crown

Editorial Details

Primary Topic

Value And Reform Of The Trial By Jury System

Stance / Tone

Critical Of Jury Corruption And Treatment, Advocating For Improvements

Key Figures

Chicago Witness Jurors Judges Crown

Key Arguments

Witness Bribed Over 100 Jurors In Chicago Case, Only 3 Refused. Jury System Originally Protected Against Crown Tyranny But Less Relevant Now. Faith In Judges As High As In Juries; Jury As Safeguard Against Possible Evils. Widespread Corruption Like Chicago Would Undermine Jury System. Greater Danger From Poor Treatment Of Jurors Leading To Reluctance. Jurors Perform Patriotic Duty Like Soldiers; Improve Their Conditions. Avoid Locking Up Juries To Force Verdicts; Accept Disagreements. Reduce Jury Trials To Cases Where Essential; Trust Judges Otherwise. Elevate Dignity, Comfort, And Respect For Jury Service To Preserve It.

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