14 Wisconsin Academy of Sciences^ Arts^ and Letters. 



In this country, then, trial by jury, considered as a bulwark of 

 political liberty, is serviceless. The only remaining function of 

 the jury is to do justice in cases of accusation of universall}^ ac- 

 knowledged crime. We are to inquire whether it is fulfilling that 

 office. It is high time we looked this institution straight in the 

 face — high time that we stripped it of the glamour in which it 

 is clothed, brought from other ages and other circumstances. 

 There is one plain question to be asked of it, is it protecting society 

 in cases of crime f If it is not doing that, its sole occupation is 

 gone. 



We have few statistics to help us to a judgment on this matter, 

 and from the nature of the case, if we had, they could never be 

 conclusive. There must be a problematical element in all our 

 judgments on the subject. 



Quetelet gives us one set, however, that are very suggestive. 



In 1830, on the introduction of trial by jury into Belgium, the 

 ratio of acquitted to accused in that country was found to be just 

 doubled. Now no man can demonstrate that this result made against 

 social protection, and did not make in favor of protection of inno- 

 cence ; but one familiar with the historj^ of criminal trials in this 

 country for the last quarter of a century will judge that this re- 

 sult did make against social protection and in the interest of crime. 



Common fame may be trusted for the assertion that for a gener- 

 ation there has been a substantial failure of justice in this country 

 in criminal trials. The rule is that great criminals escape. 



Jury trial has come to protect criminals and not society. If a 

 criminal fails to be protected, it is simply because the resources 

 offered by the jury system have not been well worked — wit and 

 money fail him, not opportunities for their successful use. 



Look along the line on which the criminal can operate. If we 

 had arranged it with special eye to the disaster of society and the 

 defense of crime, we could scarcely have done better. Juries take 

 their rise in boards which, in the large cities, have been delivered 

 to "the bondage of corruption." 



Out of the same board of supervisors came forth the Tweed 

 frauds and juries. In such extremity of virtue, if crime does 

 not find its opportunity, it is modest. When we are star-gazing, 



