Show I Why Judges Should Supplant I Juries 4 4 By ROBERT H. H ELDER Member of the New York Bar This radical ll proposal to improve law enforce ment comes from fron a leading member of the New York bar who for many years was the chief prosecutor p rl in Brooklyn His views therefore are based on firs Tirs fIrt hand knowledge No o reflection lection whatever intended against men serve erve on juries In my proposition to tt abolish trial by jury jun The Idea at the basis of tho proposal is that the ic task of Investigating facts sizing u up Ut witnesses analyzing and weighing evidence realizing what to toast cast ast aside as unworthy or doubtful realizing what to o accept an and then synthesizing the acceptable e evidence evl- evl I dence ence and giving to it its pi weight and amI significance sig- sig requires special training special knowledge and nd expertness which the tho average citizen does not have ave the opportunity to acquire k Everybody knows that juries jUlies are are extremely sensitive sensitive sen- sen their prejudices easily aroused in the courtroom courtroom court- court room oom and that their verdicts are j jut just st as likely ely to be based ased upon matters that concern not the merits as s upon the thc merits themselves Nobody has to take takene one ne mans man's word woid for it It Is recognized d by every every- bod body ody A defendant in a It criminal case Is acquitted because he was a hero heio of the World war a woman who ho murdered a man In Brooklyn is acquitted because because be- be cause ause the jury felt that the man had treated her hex outrageously and their sympathy was aroused for forer her hel er a bookkeeper is acquitted after having robbed th the ic till of his employer b because the employer employ ei after he e had been robbed used unethical and end greedy greed methods meth- meth otis ds in trying tring unsuccessfully to reimburse himself for forthe forthe the IB loss a plaintiff loses his case based on breach of f contract because the jury becomes disgusted distrusted with hIm im for conduct on the witness stand large verdicts verdicts ver- ver er- er are given against public service corporations because they are trying to get an cent 8 fare public excitement blocks the reason and sacrifices one of the 10 litigants important trials like the late Ford trial ilal trial dont don't turn on merits but propaganda a and so sa forth orth Everybody knows this They are re not exceptions exceptions ons to the rule They are the rule The law has evolved v various ailous rules lules of evidence and principles of decision for both civil and criminal cases ases These rules and principles are arc fundamentally necessary to prevent inaccurate thinking Business Businessmen Businessmen men len cant can't know these rules They have an opportunity por o unity to learn them In consequence the judge charges the jury on the law lie He tells teUs them w what hat the he law of the case Is what these rules and principles principles ples les are aie and then presumes to explain how they are ire to be used In resolving the f facts and determining ing ng what the facts mean under the law of the Case ase Th Tho jurors are expected to remember it all aU and in ina ina a few minutes minutes just just the time occupied led in delivering the le charge charge to to become expert In applying them to to concrete instances however complicated or difficult they ley ma may be It is too much to expect of jurors The he result Is that their minds being unable clearly to o appreciate the judges judge's charge or even remember It all an and at the same time to remember all the theand Ins ns and outs of the testimony analyzing analyzing it coit coordinating co- co it etc being being unable to do all that but hut being COmp compelled to act upon the moment surrender to o the deepest impressions that they have received and nd reflect them In the verdict These im Impressions of If f course are aie the more or l less ss dramatic In incidents that thit are re involved e e. e g g. the tr tripping trapping of ot a witness the weeping of a stricken beart widow the sufferings of f the soldier fighting for his flag etc We Ve do not contend that judges are aie any an more moie lion hon rable oralle o or intelligent than the men who make up the present n Juries and function thereon so inefficiently But ut the judges have special training They dont don't dont don't I dve ave to b be charged on the law They know it already al- al I ready eady ead more mOle or less well The They have had experience In n solving problems like this They know witnesses too oo more or less In criminal cases they understand both oth the merits and d demerits merits that are likely mely to appear appear ap- ap pear eai in defenses They are on the lookout for them Stud Study tudy and experience w wo we say have equipped these Judges better for the task than anybody else to whom we we- e can resort to render decisions that will reflect I pot ot bias prejudice sentiments or 01 blunders but tact fact Copyright 1927 Cosmos Newspaper Syndicate te Inc nc 1 s |