Only when the facts make out a case do the jury have any
function. Then it is for them to find out whether the facts are as the
plaintiff claims them to be or as the defendant. The jury are usually
puzzled and do not understand the distinction. In certain cases the
judge determines both the facts and the law and decides the whole
matter. In those cases, and in what is known as equity, there are no
jury, but a judge may always ask for a jury if he wishes one to
determine the facts.
A jury is supposed to be advantageous to the defendant in a criminal
action and to the plaintiff in a civil action.
"One judge is better than twelve," says the advocate of the non-jury
system. "Law is a technical thing and you can not put a technical case
plainly enough so that twelve men could thoroughly understand it."
A discussion of the jury system is not in place. The jurymen have
already been summoned and are in court and until the structure of the
law is changed they will remain. They are ready to try any case that
may come before them. The judge feels a sense of relief at not having
to pass upon the facts. The law being laid down, all that remains for
him to do is to see that the facts are fairly and plainly presented to
the jury, that both sides conduct the case in a reasonable manner and
that the trial be as open-minded as possible.
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