The Hastings Standard Published Daily SATURDAY, DEC. 11, 1897. THE JURY SYSTEM.

Hastings Standard, Issue 500, 13 December 1897, Page 2

The Hastings Standard Published Daily

SATURDAY, DEC. 11, 1897. THE JURY SYSTEM.

For the cause that lacks assistance, For the wrongs that need resistance, For the future in the distance, And the good that we can do.

The jury system of New Zealand is in sad need of reform. It is primitive, cumbrous, and unseemly, and under its influence justice ij too frequently treated with contempt and rendered a by-word and reproach. The Grand Juries of the colony are excrecencies which should be lopped off. They are worse than useless. A Crown Prosecutor should be possessed of sufficient knowledge of the law to be able to say when there is a case which should go to the common jury after a committal. If, in his opinion, there is not sufficient evidence to secure a conviction, a nolle prosequi should be entered. If, on the other hand, he considers that on the evidence a jury would be warranted in returning a verdict of guilty, he should be at liberty to proceed with the case without the unnecessary process of consulting a Grand Jury. The double jury system is opposed to the canons of British justice, for the returning of a true bill frequently influences a common jury and thereby practically convicts a man before he is tried. Another disagreeable feature of the jury system is that which permits an almost unlimited right of challenge. A skilful lawyer so exercises the right given him by law that the ends of justice are absolutely defeated. Law and equity are brought into disrepute in consequence. The Coroners' juries are also a farce. They are altogether uniiecessfiry. In cases of death or fire the Stipendiary Magistrate should be empowered to hold an investigation and return a verdict according to the

evidence. This would save time and money, and render it unnecessary for a Magisterial enquiry after the original investigation. It would also prevent absurd verdicts on account of sympathy or false sentiment. The Legislative Council has introduced a measure to bring about a reform in this direction, and it is to be hoped that it will meet the approval of the Lower House, by which institution it was slaughtered last year. The whole jury system requires reform, but we should be satisfied with a half-loaf if we cannot secure a whole one. The reform proposed by the Legislative Council is a step in the right direction, and we sincerely trust that it will be brought about without delay.