TRIAL BY JURY.

Western Star, Issue 403, 22 December 1880, Page 3

TRIAL BY JURY.

1 This is how an American Law journal contrasts the jury system in England and Scotland “ Trial. by jury, that much-honored palladia,m of civil rights, differs materially in England i and Scotland. A . Scottish criminal ■ trial is a model of fairness and delibe- ! ration. The accused is in good time served with a very precise indictment, 1 along with the list of the witnesses to be used in evidence against him. At the trial the jurors are chosen by 1 ballot, and each is furnished with a 1 printed .copy' of the indictment, with paper, pen, and ink to write noces of' ' evidence as it proceeds. The trial ’ begins by the clerk of the court reading the indictment, by which means the exact nature of tlie accusation is openly and clearly defined, and there is no need for a lengthened prefatory 1 harangue by the counsel for the prosecution. The'indictment being read the evidence is at once proceeded with. Any one can compare this precision with what occurs, and is occasionally complained of in England. A Scot'f dish jury may give a verdict of guilty, not ghilty, or not proven, this last alternative being adopted w'hen the evidence appears to be incomplete. There is no such alternative in England In , English criminal procedure the jury consists of 12 men, who must be unanimous in their verdict of guilty or not guilty ; when not being able to agree, after 'hours of wrangling together, they are dismissed, thereby occasioning a new trial. In Scotland the thing is conducted more in accordance with human nature. The jury is composed of 15 men, who, if not unanimous, may decide by a majority, such as 8 to 7, or po-sibly 14 f - I ; by which means a juror with twisted notions, resolved cm being singular, as often happens, is unable to thwart the ends of justice. The decision by a majority is accepted without, demur. In the trial of civil cases, a Intrude is also allowed. The jury consists as in England, of twelve men ; but if they have been in consult si ion for three hours, a majority of nine is sufficient for a verdict. If after nine hourthere be not a majority of-nine, the jury may be di.-missed. These Scotch arrangements seem to be in all r«»peciw more rational than the practice prevalent in England and Ireland. No one •ever heard of a inn-carnage .((( justice, civil or criminal in Scotland, owing to decisions In a majority.' The accurate and impartial method of Mtmmouiug Scotch juror.-, *pi cial and common, in itself merits commendation.”