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19 Fed. Juror 1 (1947-1948)

handle is hein.journals/fjbfgj19 and id is 1 raw text is: THE FEDERAL JUROR Vol. XIX, No. 1 Published by The Federal Grand Jury Association For the Southern District of New York Novembers 1947 Knox Discusses Jury Proposals Expressing the opinion that an intelligent and upright juror, in the decision of a lawsuit, is quite as im- portant ... as the judge who presides at the trial, Judge John C. Knox, Senior Judge of the United States Dis- trict Court for the Southern District of New York, describes in the June issue of the Journal of the American Judicature Society some of the im- portant proposals of the Judicial Con- ference Committee on Selection of Jurors, of which he is chairman. The jury system is an institution that should under no circumstances be impaired or frittered away, Judge Knox writes. On the contrary, we should affirmatively endeavor to main- tain its integrity and improve its oper- ation. If this is to be accomplished, our law courts need and must have the competent assistance of jurors who believe in America; who are honest and upright, and who bring to their task the intelligence, sound judgment and courage that will enable them rightly to decide questions of fact, and to do so without fear or favor. Both the public and the bar, says Judge Knox, expect courts to find proper jurors. But where, he asks, are high intelligence, wise discretion and broad experience to be found when thousands of well-equipped men flee jury service as though it were the wrath of God? Pointing out the difficulties of find- ing persons to man the jury boxes, he reminds his readers of the many per- sons who are exempt, the thousands engaged in work of an essential nature and the very real problem caused by the limitation of compensation to four dollars a day which means that many persons simply cannot afford to serve. Since the qualifications of jurors who serve in a United States District Court are regulated by the statutes of the state within which the court sits, there is great variety and, as Judge Knox puts it, the laws are as variable (Continued on page 3) Annual Meeting Set The annual meeting of the Fed- eral Grand Jury Association will be held Thursday, November 20, at 4 p.m. in the auditorium of the French Institute, 22 East 60th Street. All members of the Federal Grand Jury panel are urged to attend. A. Vere Shaw, president of the Association, will speak on the sub- ject: The Grand Jury-Use It or Lose It. In announcing the meet- ing, President Shaw commented: Last year in vetoing the bill which would have muzzled New York grand juries, Governor Dewey said, 'The institution of the grand jury is the bulwark of protection for the innocent and the sword of the community against wrongdoers.' That sword is still strong and sharp, but the arm that wields it seems woefully weak at times. Grand jurors sit, listen, assent or dissent. They rarely originate, take the initia- tive. The greatest menace to free- dom is an inert citizen. Jury's Importance Stressed by Paper Jury service is one of the highest duties of citizenship, for by it the citi- zen participates in the administration of justice between man and man and between government and the indi- vidual. Quoting these words from the pen of the late Chief Justice Harlan F. Stone, the Christian Science Monitor last summer devoted an editorial to the increased demand by judges for better results in jury trials. The Moni- tor continued: Weaknesses in the jury system are charged principally to the jurors themselves - to their unillingness to serve, lack of knowledge f the laws of the land, inattentivenegs, and general indifference to their responsibilities as citizens. / There is no greater human privi- lege than to add to one's citizenship (Continued on page 4) Leibell Upholds Grand Juries The following article on the func- tions and importance of the grand jury system was written especially for The Federal Juror by the Honor- able Vincent L. Leibell, United States District Judge, Southern District of New York. The Association is grate. ful to Judge Leibell for this forcefu exposition of the subject. Many of the men and women sum moned to attend at the District Court for grand jury service have had no experience as grand jurors, and some have not served as petit jurors. Under those circumstances the district judge quite naturally charges the grand jur- ors on the origin, purpose and impor- tance of the grand jury system and the responsibility which rests upon each juror to perform his duties ac- cording to his oath. The procedure of presenting an ac- cusation against a person for a capital or infamous crime, through an indict- ment of a grand jury, dates back hun- dreds of years in the English common law. Those who are interested in the history of the institution and develop- ment of the grand jury in criminal prosecutions will find an interesting and full discussion of the subject in two opinions of our United States Su- preme Court, Hurtado v. California, 110 U. S. 516 and Ex Parte Bain, 121 U. S. 1. The constitutional basis for the grand jury procedure in this country is found in the Fifth Amendment of the United States Constitution, rati- fied December 15, 1791. The amend- ment provides that No person shall be held to answer for a capital, os otherwise infamous crime unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces or in the militia, when in actual service in time of war or public danger; . . . The Fifth Amendment was one of the first ten amendments, which constitute what is commonly called our Bill of Rights. (Continued on page 2)

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