Page:American Journal of Sociology Volume 4.djvu/651

 CRIMINAL ANTHROPOLOGY A ND JURISPR UDENCE 6 3 1

vicinage where the crime was committed, because of their familiarity with the facts of the crime and with its perpetrator. Now the rule is so far changed that such knowledge is a disqualification, and the method of selection has become a financial burden. The following evils have been especially enumerated, and, unless remedied, the abolish- ment of the entire system is proposed :

1. The system, as administered, is no longer a trial by a jury of peers, and this is due to these causes : (a) disqualifications and exemp- tions of jurors by statute; (fi) excuses by the court; (f) failure in per- formance of duty by those who make up the lists, determine the qualifications, and deposit the ballots; (</) the public and political apathy of the best elements of the community ; (e) the impotency pf the oath from the decay of religious belief. As an illustration of the exemptions from jury service may be cited the New York law, where the statute provides for the exemption of fifteen classes of persons. A more serious direct cause is the abuse of the power of the court in granting excuses to prominent citizens, and the collusion of those who prepare the lists and those who wish to escape service.

2. The method does not subserve the interests of justice, by reason of delay and heavy financial burden.

3. The rules relating to qualification of jurors are such as to render the most intelligent, trained, and thoughtful men ineligible.

4. The unanimity vote, which is almost universally required, is detrimental to the conviction of criminals. The ratio of convictions to commissions of crime is already too inadequate for the protection of society.

5. The jury is incapable of dealing with criminal trials conducted upon a scientific legal basis. All questions of medical jurisprudence or psychiatry should be tried before a body of men possessing tech- nical training, and they should be authorized not simply to make sug- gestions and render opinions, but give a real decision or final judgment The right of a judge to demand the decision of science, and also to possess the right and power to disregard such decision, is a manifest contradiction.

6. The system has developed a large class of so-called professional jurors, which is a source of much evil.

The criminal anthropologist believes that in modern times the common sense of the countrymen of early English history would not be capable of grasping and deciding the numerous and intricate ques- tions discussed in criminal as well as civil actions. If a jury is deemed