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Juries

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State and Local Government Law

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Challenges To The Array, Edson R. Sunderland Jan 1923

Challenges To The Array, Edson R. Sunderland

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Trial by jury demands impartial jurors as the indispensable basis for public confidence. And the first requisite for obtaining impartiality is indifference on the part of those who select the jury. This was fully recognized at the common law, and ever since the days when jurors ceased to be witnesses and became triers of facts, it was a good objection to the entire panel that the sheriff was not indifferent between the parties in the selection and summoning of the jury. Prejudice on the part of individual jurors could be met by challenges to the polls, but when favor lurked …


The Inefficiency Of The American Jury, Edson R. Sunderland Jan 1915

The Inefficiency Of The American Jury, Edson R. Sunderland

Articles

What is proposed in the present article is to show that in attempting to preserve the independence of the jury in its exclusive juris- diction over questions of fact, the people and the courts in most American jurisdictions have departed from the common law practice and have introduced a principle calculated to undermine the very institution which they wish to strengthen. That is to say, through the rules prohibiting judges from commenting on the weight of the evidence, juries tend to become irresponsible, verdicts tend to become matters of chance, and the intricacy of procedure, with its cost, delay and …


Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore Jan 1914

Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore

Articles

A recent Oklahoma case raises one phase of a question which has been perplexing the courts ever since jury trials were invented, and in regard to which there is a great contrariety of opinion. After a verdict had been rendered for the plaintiff in a personal injury suit, the defendant made a motion for a new trial on the ground of misconduct of the jury, and in support of his motion offered the affidavits of several of the jurors to the effect that the verdict was determined upon as the result of an agreement whereby each one of the jurors …