THE JURY SYSTEM

Otago Daily Times, Issue 17090, 23 August 1917, Page 3

THE JURY SYSTEM

PROPOSED AMENDMENT. OPPOSITION BY MR SAMUEL. (From Oxtr Own Correspondent.) WELLINGTON, August 22. In the Legislative Council this afternoon the dobate on the Hon. J. MacGregor's motion for the second reading of tlio Juries Act Amendment Bill was resumed. The Hon. Mr Samuel, who opposed thoproposal to aiako a thrco-fouvths verdict of tlio jury effective in criminal cases where a disagreement had arisen, said ho regarded tho proposal as an attack, by way of encroaohmont, on tho nation's privilogo of trial by jury. The only advantage to be gained by tho abandonment of tho prineiplo of unanimity in juries hearing criminal cases, with tno consequent reduction of tho privileges of accused persons, was tho saving of a cortain amount of trouble and monoj. Britain, tho British dominions, and some portions of the United States were alone in demanding unanimity, but that was not an argument for any change. The British peoplo had reason to bo proud of thoir judicial system. If three membors of a jury of 12 were in favour of acquittal there was reasonable doubt of the guilt of the accused person. It was a sound principle of British law that the accused person was ontitlcd to the benefit of any doubt. Mr Samuel spoke for two hours in defence of tho jury system. So long as a subject could appeal to a jury of his fellow citizens against opnression and injustice, autocracy could not roar its head in British communities. Any interference with the jury system would weaken it, and to that extent threaten liberties that had been bought with blood and sacrifice. Tho debate was adjourned.