[Courts and Criminals by Arthur Train]@TWC D-Link bookCourts and Criminals CHAPTER III 1/13
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Sensationalism and Jury Trials. For the past twenty-five years we have heard the cry upon all sides that the jury system is a failure, and to this general indictment is frequently added the specification that the trials in our higher courts of criminal justice are the scenes of grotesque buffoonery and merriment, where cynical juries recklessly disregard their oaths and where morbid crowds flock to satisfy the cravings of their imaginations for details of blood and sexuality. It is unnecessary to question the honesty of those who thus picture the administration of criminal justice in America.
Indeed, thus it probably appears to them.
But before such an arraignment of present conditions in a highly civilized and progressive nation is accepted as final, it is well to examine into its inherent probabilities and test it by what we know of the actual facts. In the first place, it should be remembered that the jury was instituted and designed to protect the English freeman from tyranny upon the part of the crown.
Judges were, and sometimes still are, the creatures of a ruler or unduly subject to his influence.
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