MODIFICATIONS OF THE JURY SYSTEM 215 



decision is never required to be unanimous. The same thing is true of 

 all the leading governmental actions in countries where there is govern- 

 ment by a body of men. The policy of the government as to peace or 

 war is not necessarily determined by more than a mere majority. It is 

 said that unanimity is a requisite of the jury room, but of no other place 

 in the conduct of the government. 



No one has advocated the abolition of the unit rule in the trial of 

 criminal cases. It is unlikely that this rule will ever be dispensed with 

 in such trials. In criminal cases the accused is entitled to the presump- 

 tion that he is innocent till his guilt is proven. The law requires that 

 before he may be declared guilty there must be in the minds of the 

 twelve jurors no reasonable doubt of his innocence. In a civil case 

 on the other hand, the decision is made according to the preponderance 

 of the evidence. There may be a reasonable doubt in the minds of 

 the jurors, but that does not preclude them from rendering their verdict 

 in favor of the litigant on whose side the preponderance of the evidence 

 lies. It is therefore, not so important in the civil case that there should 

 be a unanimous verdict. It is not a matter of the guilt or innocence 

 of anyone, but rather the determination of questions of meum and tuum. 

 In such questions it is more important that decisions should be reached 

 and the judicial machinery kept in operation than that abstract justice 

 be obtained. 



One of the strong arguments for the unanimity rule is that it tends 

 to emphasize the importance of the individual juror, and in this way 

 make him more attentive to the matter in hand than would be the case 

 if his individuality were sunk in the verdict by a majority. This is 

 probably quite true. If the juror knows that unless he consents to 

 agree with the others there can be no verdict, it is very likely that he 

 will be careful in trying to make up his mind according to the evidence 

 and render a just verdict. The inducement for him to do this is all 

 the greater since in case he is the only one who will not agree to the 

 verdict the other eleven wish to render, he must take the responsibility 

 for the entire decision. Not many men care to go before the world 

 with this responsibility unless they are fully persuaded that they are 

 justified in holding to their opinion. Without carefully considering 



