MODIFICATIONS OF THE JURY SYSTEM 213 



jurymen of the present time, men who have never shown that they have 

 the ability to make a living except by conniving with court officers and 

 getting drawn as jurors. 



Such being the case, it is highly important that the ablest men in 

 the community be made in some way to do jury duty. The exemptions 

 from jury service at the present time are so many that almost anyone 

 can get excused. It is indeed hard for the judge to refuse to excuse a 

 man when he knows that the juryman cannot serve without great per- 

 sonal sacrifice. Even after the evidence is in and the case summed up 

 by counsel, there is still the long wrangle in the jury room. It is possible 

 that the abolition of the unit rule would make it likely that better men 

 would more often consent to serve on juries than they do now. If less 

 than twelve of the jury might render the verdict the time in the jury room 

 would be perhaps much cut down. 



No man should be excused from jury duty except for the most urgent 

 reasons. It is a thing each citizen owes to his country to familiarize 

 himself with the working of its administrative machinery. Nothing 

 is so important as human rights, and no one should be excused from 

 assisting in their establishment. 



Another argument in favor of the abolition of the unit rule is that it 

 would tend to expedite appeals to the higher courts. In this way, then, 

 the administration of justice would not be delayed. When the jury fails 

 to agree, the only alternative is to have another trial or drop the case. 

 One or the other of these two things is all that is left for the parties who 

 are trying to secure justice. It is quite common for them to resort to 

 both alternatives. After they have exhausted their means in a new 

 trial, they let the case drop and neither party has obtained justice. 



In modern practice it is very common for all cases that are of any 

 particular importance to be carried to a higher court than the one which 

 has the original jurisdiction. Before the case was begun both litigants 

 have usually made up their minds not to stop till the matter is finally 

 determined by the court of last resort. As this is the rule of modern 

 litigation, it is of the greatest importance that as little hinderance as 

 possible should interfere with the progress of a cause from the lower to 

 the higher courts. Every time a jury disagrees, it is a checking of the 



