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and free from prejudice, malice, an judicial tyranny, our law requires the questions of fact to a jury of twelve from among the people in such a man absolutely any partiality for or agai For the details of the manner in whi selected, the student may consult the st State. He will find them framed with experience, skill, and a jealous watchi rights of the accused can possibly sugge

If a jury of the requisite impartiality tained in the county where the crime which sometimes happens in very notor Judge must send the case to another cou prejudice does not exist.*g of em home

The reasons for substituting the judg citizens for that of one Judge, in the ins by jury, are the same as those heretofore 303, in treating of the Grand Jury, da

Before the Trial Jury, and in open Cou presides the Judge, all the witnessess on examined and cross-examined. The offic is only to see that the laws of evidence are the management of the case on both side according to law. After the testimony is District Attorney for the people, and the accused, each in turn argue their side to Judge then charges" them, that is, he of the law applicable to the case "at ba then retire in charge of the Sheriff, for among themselves. If they agree, on t

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malice, and especially in equires the submission of i y of twelve citizens, chose such a manner as to preve or or against the accuse ner in which a trial ju nsult the statutes of his o amed with all the care th ous watchfulness over th ibly suggest. mpartiality cannot be ob the crime is committed very notorious cases, the other county where suci

the judgment of twelve in the institution of trial eretofore given in Set ry. pen Court, over which sess on both sides are he office of the Judge ence are enforced, and oth sides is conducted mony is all given, the d the counsel for the de to the jury. The is, he informs them Fat bar." The jury ff, for consultation on their return to cused "guilty," or

"not guilty," which is called rendering a "verdiIf they cannot agree after twenty-four or forty-ei hours, they are dismissed, and a new jury must then impanneled, and a new trial had. Under the Americ system the jury must always be unanimous.* only one of the twelve holds out against the others, case must be tried again.

NEW TRIALS AND APPEALS.

308. You will naturally think that if the rights of accused person are so carefully guarded, as related abov no injustice can possibly be done him. But though t verdict of a jury settles nearly all cases, it sometim happens that a mistake has been made in following t forms of law; or the jury may have misunderstood t facts, or been guilty of misconduct in finding their ve dict; or new evidence may be discovered. In all su cases, the Judge may set aside the verdict, and order new trial. Sometimes, also, the Judge will have mac some error in admitting or excluding testimony, or explaining the law to the jury. In such cases, on th demand of the attorney for the defense, and for goc reasons given, the Judge must allow his rulings to b revised on an appeal to the Supreme Court, where a the points of law at issue are argued by the two attor neys in the case. If the Supreme Court finds error i the proceedings, it will order the defendant to have new trial. If not, then the decision of the lower Cour is affirmed, and its sentence of punishment is carrieinto execution.

*There is an exception to this rule in the new State of Nevada.

308. Does the verdict of a jury settle all cases? In what cases must th

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309. Cruel or unusual punishments sho As we have seen in Sec. 288, all pun United States are limited to death, fine ment, and these are graduated by law a offense. Americans do not tolerate the lory, the stocks, the galleys, branding, cr banishment, or transportation, all of whi ularly inflicted in some parts of Europe; thumb-screws, the wheel, fire, and othe merly in universal use on that continent.

310. No person shall be subject for the sa twice put in jeopardy of life or limb.

Once acquitted, the prisoner is free. not expose him a second time to punishme charge. Otherwise an accusation might man for a lifetime, and the contemplatio possible contingency of his again passing t trial would forever destroy his happiness. cannot convict on the first trial, she nev again.iis im almal

311. In case of a reasonable doubt whether th accused is satisfactorily shown, he is entitled to When there is reasonable ground of doubt in u or more degrees he is guilty, he can be conv lowest of such degrees only.*

So far is the American system from condem merely because he is accused, or of forcing hi

*Cal. Penal Code, Secs. 1096, 1097.

309. Can cruel or unusual punishments be inflicted by law States? To what three punishments are the Courts restricted? E the continent of Europe?

310. Can any person

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ments shall not be inflicte all punishments in the eath, fine and imprisonby law according to the rate the knout, the pil nding, cropping of ears, 11 of which are yet regEurope; nor the rack, and other tortures for ntinent.

for the same offense to be b.

free. The State will unishment on the same 1 might hang over & emplation of the ever passing the ordeal of piness. If the State she never can try it

hether the guilt of the! titled to an acquittal.

oubt in which of two be convicted of the

condemning a man rcing him to crim

97.

ed by law in the United ricted? How is this on

nse to be twice put in

inry as to the guilt of

inate himself, that the Government must make ou case against him with perfect clearness and certa If it fails in this, the accused must be acquitted. W after a Grand Jury has charged a person with mu the proof offered by the District Attorney leaves it do ful whether he committed murder or manslaughter, Petit Jury can find him guilty only of the lesser offe

312. We might occupy several more lessons in gi details of the minor rights conferred by law u accused persons, but the foregoing will be sufficier indicate the American ideas on this subject. The p should study these principles thoroughly: for thoug is to be hoped that he may never be obliged to c these rights, yet the time will surely come when as ju or witness, or perhaps as Judge or Court officer, he be obliged to administer the law, and accord these ri in the case of some unfortunate fellow-citizen. And cannot be competent as a citizen to pass judgment u the manner in which the judiciary of the country is ducted, unless he be familiar with the principles which that branch of the Government is founded.

LESSON XXX

OF EUROPEAN CRIMINAL PRACTICE.

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313. What are the points of contrast between the An can and the old inquisitorial method of criminal proced on the continent of Europe?

312. Why should you be familiar with the rights of accused persons? 313. Have the rights of accused persons been as carefully guarded o continent of Europe as they now are in the United States? What meth

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The Monarchical Governments of con until the date of the French Revolutio played as little regard for the rights of a as for all other popular rights. As the used to put down insurrections by the people, so the business of the police was secute than prosecute those individual obnoxious to the Government. The met it deserved the name, was borrowed from t and consisted principally in forcing the p to confess his guilt by torture. History horrible barbarities thus inflicted upon the often innocent victims of malevolent powe doubtedly, of the millions who have suffer under these tortures, but very few compa found mention in the books.

314. Under this system there was no jur ment, no warrant required for arrest, no bail, no publicity, no distinct laws of evidence, finition of specific crimes, no prohibition unusual punishments, no limitation of trial trict where the crime was committed, no attendance of defendant's witnesses, no pres innocence before conviction, no benefit of d prisoner, no responsibility of Judges save to t no habeas corpus, no limitation of time within prosecute.

314. Was there any jury under this system? Was there counsel? Warrant of arrest? Publicity? Distinct laws of evidence? Legal crimes? Prohibition of cruel or unusual punishment? Limitation Compulsory attendance of defendant's witnesses? Presumption before conviction 2 Renest

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