Ka Leo o ka Lahui, Volume II, Number 289, 25 September 1891 — Two Juries. [ARTICLE]

Two Juries.

Trial by a jury of cme's peers was eue of the rights se<- k ured by the great charter from King John to his baronff, and has-.ever since re» mained. one of the strongest defences of tl*e people against the aggressious of rulers. Al-1 legal writers on the subject agree that as a eafeguard for popu!ar rights its v *alue depends on the mahner of selecting the jurors by ehanee. without th:s there is no security that tbe jury will be unbiased and ■uninfluenced. The jurymen must be drawn by ehanee from all dents of the district in order to secure a fair ,and represeatative body of men. The is, and alhas been unsatisfactory to the governing classes, who desire to have despotic control of the lives and fortunes of the eommon people. T T njust and oppressive law ■ean be . i:ide, put juries cannot be found to enforce them. In the large class of artificial crimes, whieh are not offences against good morals. but againstprivileges elaimed by the government of some favored class, the jury system allows many vietims to escape those wealthy and official personages would like to see sacrificed to the god Pluto. Incertain English speaking countrics the form ofjury trial is retained but its objects is frustrated by the jurymen being selectedby thejudge or some ofiicer of the court. " This gives the presid2ng justice a great deal more powor than ean be trusted safely in ihe hands of one man. And what ean be said. of a country where judges are appointed for life from belligere»t political factions by an irresponsible executive. The grand jury is an eq«ally important protection to the innocent against unwarranted lcgal proceedings whieh has never been introduced in this | country. It is strange that the Anglo-Saxons who founded> this government, did not erect here the bulwarks of liberty whieh there fathers valued so highly at home.