e 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?
3. Do you believe in the jury system, or in the trial by several judges
sitting together? Why?
4. Have you ever seen a court in session?
5. In this
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