A trial jury usually consists of twelve men, but in some States a smaller number may be accepted by the judge of the court, in certain cases, by the agreement of the counsel upon the opposing sides. The trial jury hears the testimony and argument, and then decides upon the truth of the facts in dispute, and renders a verdict or decision in the suit, and in criminal cases convicts or acquits.
In some States all the jurors must agree, or there is no verdict. In other States the jury may render a verdict by the agreement of less than the whole number of jurors. Under certain regulations a party to a suit may challenge, that is, reject, a part or all of the jurors, and have others selected in their stead.
ORIGIN OF JURIES.--Grand juries and trial juries are of great antiquity. It is thought that they existed among the Saxons in the north of Europe before they invaded and settled England, more than fourteen hundred years ago. The jury system and many other political institutions of the United States are derived from England.
Both the grand jury and the trial jury are firmly grounded in this country, being recognized, in the constitutions of nearly all the States and the Constitution of the United States, and are regarded as among the strongest supports of a free government.
OFFICERS OF COURTS.--Each court has one or more ministerial officers, variously designated as constable, sheriff, tipstaff, or marshal. Each court also has one or more clerks, and sometimes other officers. Attorneys are considered officers of the courts in which they practice. They usually represent the plaintiff and the defendant in court and are then called counsel.
LEGAL PROCEEDINGS in civil cases begin by the court issuing a writ, at the instance of plaintiff, summoning defendant to appear. The defendant responding, pleadings are filed--the claims of plaintiff, and answer or demurrer of defendant. If these disagree as to facts, the court subpoenas witnesses. In the presence of judge and jury, the plaintiff states his case and the defendant his defense, witnesses are examined and cross-examined, and the case is argued. The judge then charges the jury--summarizing the evidence and indicating points to be decided; the jury retire to prepare their verdict, which is announced and recorded as the judgment of the court.
In criminal cases the accused may be arrested on a grand jury indictment or a magistrate's warrant. Unless the crime is murder, the accused may be released upon bail until trial, which proceeds as in civil cases.
SUGGESTIVE QUESTIONS.
1. Why does the State prosecute offenses, instead of leaving this duty to private persons?
2. What is meant by passing sentence upon an offender?