The election of proper men for the position of judge is one of the most important duties of an electorate. Whether the process of the law insures justice and increases public security depends often more on the judge than on the letter of the law. Decisions involving the happiness, rights, and lives of countless people go through the courts of the State. These decisions should not be in the hands of men to whom the office has been given as a reward for party service, or who have been put in the position by prejudiced interests. A wise, intelligent, public-spirited judge has enormous opportunity to add to the sum of public welfare.
XIV
THE PUNISHMENT OF CRIME
A crime is an offense against the people of the State. Also every action that is brought before a court costs the State money and adds to the burden of taxation borne by the people.
A free government carefully guards the rights of an accused person. He must be told of the charges against him and be given every chance to answer them. He is presumed by the law to be innocent until he is proved guilty, and is not obliged to answer any questions that may incriminate himself. He may be examined at once by a magistrate, or, if he prefers, may be committed to jail to await a future examination. If held for any except the most serious crime he may be allowed his liberty by some one “giving bail”—that is, giving a pledge of money or property to insure his appearance in court at a certain date. If he “jumps his bail” the money is forfeited to the State, although that does not protect him if he can be found. If the charge of which he is accused is a serious one, it must come before a grand jury.
The Grand Jury is a body of men chosen from the taxpayers of a county to inquire into alleged crimes during a particular term of court. The supervisors or the commissioner of jurors makes out a list of three hundred names of men of integrity and sound judgment, from which the names of twenty-four men are drawn by lot.[B] From sixteen to twenty-three of these men sit in secret session, and hear the presentment of a case, and decide by a vote of at least twelve members whether the evidence is sufficient to warrant holding the accused for trial.
The necessity of a case coming before the grand jury often causes much delay in a trial, as the jury can only be called when court is in session, and there are often long periods of time between courts. On the other hand, the fact that the grand jury is made up of a man’s neighbors and friends, who would be disposed to give him fair treatment, is a safeguard to his interests. If “a true bill” is found, the accused person comes before the court and the charge against him is read to him. If he pleads guilty the judge imposes a sentence. If he pleads “not guilty” the trial proceeds.
If the accused has no lawyer, the court must appoint one for him. While a man so appointed must defend the case, the best lawyers are not secured in this way. There has been considerable demand for the creation of the office of public defender for accused persons. The State employs public prosecutors, and it is argued that it should be as much interested in proving a man’s innocence as in proving his guilt.
Trial by Jury is a right guaranteed by the constitutions of both the State and the nation. A trial jury is composed of twelve men chosen from a list of qualified men in the county where the crime is committed, or is being tried. After the evidence in the case has been presented and the judge makes his charge as to the law applicable to the case, the jury retires to a secret session, where they are kept in confinement until they reach a unanimous verdict. In England it requires only a majority of the jury to render a verdict.
Jury Service is one of the important duties of a citizen. It is not required of certain classes of men—viz., clergymen, physicians, druggists, lawyers, and newspaper-men, among others—and judges have the power to excuse men on whom jury service would entail special hardship. Jurors are paid a small sum by the day, and to many men jury service means serious inconvenience and financial loss. But to leave the settlement of cases which involve the serious welfare of both individuals and the public, to professional jurors, the hangers-on of a court-room, is a great wrong to the community.
Women Jurors[C] have not yet been permitted in New York State, although in some Western States they have served with much success. There are certain cases involving young girls and children where it would seem that only women should be allowed on the jury. Cases of murder committed by a woman might be treated with more impartial justice if women served on such juries. Sentimental considerations would not influence them as they do some men in such cases.