The Qualifications of Jurors.
721
THE QUALIFICATIONS OF JURORS BY DUANE MOWRY, Of the Milwaukee, Wisconsin, Bar. Even the defense in capital cases find that THE idea that jurors must be in abject they do not need to fear intelligence so much ignorance of the facts of the case on as bigotry, bias and prejudice. And the latter which they are drawn, in order to be able to qualities are always present wrhere ignorance render an impartial verdict, no longer pre has full sway. While admitting its preva vails in this country. Indeed, it is seriously lence in the past, it does not impress us as doubted if such persons have the requisite true today, that in criminal cases "the pos qualifications to fit them for legal jury ser session of intelligence seems to be more and vice. Time was, when the modern news more becoming an insuperable disqualifica paper was unknown and the means of dis tion for service as juror from the standpoint seminating intelligence was in a primitive of the defense-" (Lesser, History of the state, that few of the facts of important cases Jury- System, pp. 181 and 182.) And the could, with difficulty, reach the masses. Then tendency of recent legislation is to discour it was that the rule of ignorance had greater age challenges, except for opinions which force. have becti formed and which the juror be We all know that the early theory of the lieves unfits him for honest jury service, jury system was, that the jurors were neigh opinions which the proofs would not be apt bors and friends of the parties litigant, and so could supplement, from their own knowl to disturb. In some States, as in Florida and Georgia, the statutes require that the person edge, much of the testimony that is now pre sented in the shape of evidence of character. selected to serve in the jury box shall be Jurors, or contfinrgatorcs, as they were then well informed and intelligent. In other States, as in Illinois and Michigan, in addi termed, were thus, to some intents, witnesses tion tO' the foregoing qualifications, they are as well as judges. But the development of the required to read and write in the English jury system led to the complete separation of both these characters. "This," it has been language. So in the city of New York, "no person shall serve as a juror unless he shall well said, "no doubt, is the perfection of trial be an intelligent man, of sound mind and by jury. Eyery person that knows anything good character, free from legal exception, material connected with the case should not and able to read and write the English underonly give his evidence in open court, but also standingly. (Proffatt, Jury Trial, Sec. 118.) subject to the test of cross-examination." Tn Mr. Lesser suggests in a note in his His this way, it is possible to ascertain what are tory of the Jury System that the excess to the facts, and to discover the fraud and falsity of the witnesses. It is true that the jury is which exclusion from jury service on the ground of bias or pre-conceived opinions is not likely to be wholly ignorant of the nature carried, may in some measure be remedied of the case submitted to them. But the more intelligent they are the more apt they by reënacting elsewhere Section 189 of the Oregon Code, which provides that although are to render a verdict, not on what they may believe to be the fact of guilt or innocence a person summoned to act as a juror "has of the accused, but upon the evidence as formed or expressed an opinion upon the sworn to before them. merits of the case, from what he may have read or heard, such opinion of itself shall The sentiment in favor of intelligence in not be sufficient to sustain the challenge (to the jury box is growing in this country.
