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Show I i THE CITIZEN AND THE IAW 82 December 2. 1965 REVIEW. JP System Under Fire Again O'l'tmued from page U ) I prjttu? la m all the mits." said Mr Se.trle 1 seie South Salt lake just as ,a ut judge mould sene tins The only difference: 1 cit am paid ly fees from fines, all of which no to the county; none of Inch no to the city I cit jiidiie mould be paid a salary commensurate miththe rase load he mas exyected to handle for a third class city Meanmbile. said Mr Searle, the Governor of Itah and his Safety advisors are attempting to influence traffic enforcement mith a system over mhich they have no control For, no one controls the justice of the peace In the outlying areas, a man who may run for a office mithout any judicial qualification other than residency is expected to enforce traffic laws against his friends and relatives who elect him to office The justice of the peace, Mr Searle told The Review, rules by his heart ..his emotional responses . not on any basis of rule by law He is inclined not to hurt his neighbor He is subjected to unhealthy pressures, Mr. Searle continued By cooperating with police officers, who see their subjects as guilty at the instant of arrest; by finding guilty and imposing heavy penalties, the justice of the peace invites an Increase in trade with justice as the commodity. This inducement, on the other hand, causes officers to ignore that requirement of law that arrested persons be sent or taken to the justice court nearest the offense or nearest . the residence of the defendant. They take their man to a justice who will be more likely to convict. ( Total Evidence? "Only a few peace officers, said Mr. Searle, are Inclined to take a defendant to a justice court where a decision and penalty are based upon the total evidence Some officers have prosecution complexes, said Mr. Searle and will take an alleged violator to a justice, who he thinks might overlook the constitutional rights of the defendant. i , And complaints are current of an increase in the Incidents of violation of such rights in continued ine legislature amended the statutes to enable third rljss cities to create nty courts; but the legislators retained those restrictions mhich nude it impossible for third class cities to find judge-applica- and Utah Highway Patrol officers go onto city highways to write citations, the fines from mhich go entirely to the county, none of which enrich city coffers First and second class cities can afford judges and retain half of all fines collected. The proposal of Mr Gomans for elimination of the residency requirement, or the proposal of Mr Searle for the elimination of thepractice-of-la- w restrictions, the Review mas told, might provide a Sheriffs deputies trained competent, legally Judiciary throughout the Wasatch Front it was Such a program, agreed, would not necessitate elimination of justices of the It also was agreed, peace that justice for however, in the outlying areas of requires that qualifications of justices of the peace be nle The Jury System: 33 Centuries Old, Not Perfect, But One That Works of the average citizen to day's complex law weight cases for claims to 'heir entire . of law in community economic cannot agree upon among themselves as being reasonable Juries listen to facts and determine which are and which are not reasonable. Where all conflicting facts heard are reasonable, they are expected to determine which facts are most reasonable Juries, after concluding what is reasonable, may, in certain areas, find that a judge disagrees with them and retheir decisions as verses being unreasonable The jury system as me know it is as old as Moses, who in 1300 B C established the Sanhedrin to hear the legal disputes of the community from which they were chosen exist- ence may be made secure or destroyed by the brief language of the jury: ' Guilty! Cause Or, Not Guilty' of action, or ' No cause for action Can we believe that ' Twelve good men, tried and true will impose the defendant's concept of justice to a degree more accurate or more reasonable than will one experienced and intelligent judge? As were judges in the previous article of this series, members of Juries are remen and women, asonable charged to listen to facts and conclude only that which reasonable men can conclude; that which, so often, the reasonable members of a jury 978A In D , the an jury wasTirst established by tthelbert II of England to determine whether or not a man must appear and answer for a crime; a role carried out today by a grand jury, or, in many areas including Lions Prepare Benefit by preliminary hearing The before a magistrate. jury serves federal courts to determine if a crime has been committed and if the accused must face trial. The grand jury in Utah functions in this role only when the magistrate system of preliminary hearing of the charge and evidence fails to function. The 1300 B C. Sanhedrin had 23 members. Utah juries may have 12, 8, 4 or other numbers of members. Federal juries in all cases will have 12 members, unless parties to an action agree to a number. Trt federal constitution gives right to jury trial in all federal cases. Utah statutes provide that a jury trial may be denied in those criminal cases for which a $50 fine or 30 days jail sentence is the maximum penalty. In Utah, the jury also may be denied in those civil actions involving claims of $50 or lesr $UGARjOUSl(lGUi mvx tic, 3 ft5 cKSVdr Types of juries vary in Utah, as do the methods by which , they are selected Generally, juries are selected from lists of taxpayers . . . SUGAR HOUSE Lions, George McClellan, Dick Wood and Joe Flsuer, show off tlx bi,e tlui will be given away Friday at the Lion's annual variety show, at Granite Park Junior High Mr. McClellan is show chairman and Mr. Wood is publicity chairman. Everybody benefits from the Sugar House lions variety show Friday at 8 p m Over 200 people will win gifts. Including a 16 cubic foot freezer, a portable television set, and a bicycle The-shois annual affair put on by the Lions to raise money to buy eye glasses for under privileged at the Opportunity Center, the American Fork Training School and the Deaf and Blind School in Ogden The Lions unit has 50 mem- bers raise 5000 dollars .s purpose. every year f The show ir jne big money who raising project of the year for the group (Emttbrtbge, MEN'S CLOTHING The variety show talent will be from Brigham Young Unithe most part versity-for The show will be at Granite Park Junior High School, Friday December 3 at 8 p m 450 East 3700 South Tickets going at one dollar each, may be obtained from any Sugar House merchant Ire 4 Valley & dry iron f frftft'Wf M to- ' 0 to ' Ter O fttttTf AND FURNISHINGS tlfM 3020 TEMPO-GUID- - $ tt tr rtpttrt small TOASTER w SAVINGS ACCOUNTS with DAIIY INTEREST ECONO LOANS for oil typet of mttollment financing REGULAR CHECKING MORTGAGE ACCOUNTS LOANS COMMERCIAL LOANS ACCOUNTS CONTRACT COLLECTIONS ESCROW ACCOUNTS TIME CERTIFICATES MANHATTAN (&? At o Full Service Bonk, Volley Bonk and Trutt Company t prepored to terve your every banking need While utmg thete Bonk Servicet you Ore Ot the tome time ttobl'thing o voluab'e Bonk connection for credit reference in the yeort aheod ECONO CHECK large tut v comp I 7 COMMERCIAL CHECKING medium C' poe up DRIVE Oux Serviced: M'CtOf IMftt HIGHLAND OMICI Wt ore utt one of the nme complete Volley Bank ond Trutt Compony officet throughout the Salt loke Volley, ond thu locotion wot telected to terve the greatest number of families and buimenet in the neighborhood with the greotett potuble convenience We hove tpociout porkmg oreot, oil weather drive up wmdowt open until 6 pm. eoch bonking day, ond night depository ovoiloble ot oil hourt We would contider it o reol privilege to be your bank ft f ifiSri . HIGHIAND SHOP NOW FOR CHRISTMAS Pitflty mo'9 111! Ltd. MODELS fimtatfck ntijA&oiAoed lA?!5e with ltam a$Ac in cocac fax youx Acxvicc and convenience Announces TihM 17 GB LIKE TO DE L Shop PROCTOR (Continued on page B DAHCt Meanwhile, NEW the blue ribbon panel as being excessively costly. Such a panel may be had on demand with the payment of a $50 fee, an amount far below their cost to the community. Defense counsel, on the other hand, are more lucid on the advantages of the blue ribbo panel. They protest that the regular jury panel. less ifcZZT the They are no preferences. part of the district court term jury panel. Prosecutors often oppbse 6? ; TV Losing GISH fense say, the "term jury identifies itself with the district attorney, as though the district attorney were on The same juries, our side. called to serve in civil actions, confuse the word plaintiff with the word "prosecution. They then identify the plainour side against tiff as the other side. Before a term is ended, say the defense counsel, a term jury has become prosecutor-plainti- ff Indoctrinated. How do you get on a jury? Everyone pays taxes. Practically everyone has property in a community on which he pays taxes and is subject to jury call. As the jury has origin in Biblical history, so its character reflects Biblican Many are called, concept: but few are chosen. Thousands of persons who w hear up to$l,000. Salt Lake defense lawyers protest to the justice courts. The justice courts, said Mr. attorney general that one or Searle, are not under the conmore justices of the peace are trol of the Governor; they are setting abnormally high bails wot under control of the Utah on misdemeanors, so the 'State Bar. They go Into office sheriffs can keep them in a of as the result 'popularity long enough to pump them contest, not on a basis of their Iall all they can get out of knowledge of law ...and this is them. a miscarriage of justice. Meanwhile, defense lawyers The justice is paid correspcomplain of justices who proonding with the amount of vio- claim the guilt of defendants, Mr. whose cases have not been lations sent to him, The JusSearle continued heard tice of the peace who receives Also, meanwhile, courtthe largest number of vioroom observers see lawyers lators receives the largest trained to battle, yet avoiding amount of money. Torontinue battle with court reform probto receive the largest number lems. of violators, he must please The question is posed: When the officer, not the client will the Utah State Bar engage in battle to reform the lower of the state court levels Out system The question is asked, Third class cities are losing strangely enough, by members out by the svstem. Mr. Searle of the Utah State Bar on two or three a term, come to feel that they are a part of the prosecution; they tend to convict as a part of public duty; they see themselves as officers of the court. deIn criminal matters, after serving cases during to serve for the trial next to be heard; or they are selected (in district court) from a panel composed of taxpayers and are impaneled for set terms throughout which they may be called to serve on one or more- - juries in either civil or criminal cases. Little known among types of Utah .juries, and almost always used in civil actions for claims against railroads, are special jury panels known as the "blue ribbon panel. Such a panel assures parties to an action that they will have a "fresh jury. Such jury members have not been previously (at least recently) exposed to court Influences or Itah, y all are brought under such supervision that they can be competently manned, no concerted effort to reduce traffic problems can ever be put into effect by a governor or by any other person Because of the lack of effort, or the lack of uniformity of effort on the justice court level, Mr. Searle continued, the efforts of city courts must fail with the same certainty that efforts of the governor and efforts of the President must fail. Continued use of the Justice courts where a third class city court could function more efMr. Searle said, fectively, also contributes to the case loads of District Court judges. Justices of the peace are limited to healing those civil cases in which damages sought are less than $300. Ctty court are permitted to- There are pressures and erosions in various sectors of American legal structure to eliminate or sharply modify the foie of the jury in the national trial system There are statutes and court decisions, even in Utah, mhich remove certain court actions from the area of jury trial and there are voices loud and strong which label these exa fundamental ceptions to constitutional right" as being unconstitutional What is the significance of the jury in a court action' For whose benefit does the jury serve0 By whose judgment, judge or jury, is the individual best served in an area of legal controversy'1 Such questions bear the full expanded Of first importance, said Mr Searle .. a traffic conscious justice of the peace.... is to bring the justice courts under direct control of the bar or the governor. Until such reform can be effected, said Mr Searle, until the basic traffic courts Judges life when we consider that upon the intelligence and reliability of a jury may rest the reputations of persons Individual liberty relies ujxm the capacity of a jury to serve the full intent of a system of laws Persons, their families, Editor's Note: This article on juries is the third in a series covering the relation SPDRT SHIRTS rnfl of DEPOSIT SAVINGS BONDS SOlD ond CASHED U S SAfE DEPOSIT BOXES I NIGHT A UTTER DEPOSITORY TOASTER tt Mr Mtt Taeftt fuMy pop up I ? cor oOutv The Only Line , . . DEPARTMENT Vvv 34 IMH of t'mtt TRUST 74r Also... with the Exclusive Design Z- -4 let It Kimf MEN'S GIFT SERVE-M-SAV- ITEMS E COINIR 10th EAST AND 33rd SOUTH PM0NI 414 CPU III TUI t TWO CONVENIENT LOCATIONS 1721 All lAYSATUKlAY OPEN SUNDAY 10 to 2 5609 Si. 900 I. between Thrift City IMaylatr) 1 MOUTH HUN M;DYWi V.MUJK IJ) tTOBQ tj (I OiM |
