DISCHARGE OF A JURY
(bouvier) | DISCHARGE OF A JURY, practice. The dismissal of a jury who had been charged
with the trial of a cause.
2. Questions frequently arise, whether if the court discharge a jury
before they render a verdict, in a criminal case, the prisoner can again be
tried. In cases affecting life or members, the general rule is that when a
jury have been sworn and charged, they cannot be discharged by the court, or
any other, but ought to give a verdict. But to this rule there are many
exceptions; for example, when the jury are discharged at the request or with
the consent of the prisoner and for his benefit, when ill practices have
been used; when the prisoner becomes insane, or becomes suddenly ill, so
that he cannot defend himself, or instruct others in his defence; when a
juror or witness is taken suddenly ill; when a juror has absented himself,
or, on account of his intoxication, is incapable to perform his duties as a
juror. These and many similar cases, which may be readily imagined, render
the discharge of the jury a matter of necessity, and; under such very
extraordinary and striking circumstances, it is impossible to proceed with
the trial, with justice to the prisoner or to the state.
3. The exception to the rule, then, is grounded on necessity, and not
merely because the jury cannot agree. 6 Serg. & Rawle, 577; 3 Rawle's Rep.
501. In all these cases the court must exercise a just discretion in
deciding what is and what is not a case of necessity. This is the law as to
the exceptions in Pennsylvania. In other states, and some of the courts of
the United States, it has been ruled that the authority of the court to
discharge the jury rests in the sound discretion of the court. 4 Wash. C. C.
R. 409; 18 Johns. 187; 2 Johns. Cas. 301; 2 Gall. 364; 9 Mass. 494; 1 Johns.
Rep. 66; 2 Johns. Cas. 275 2 Gallis. 364; 13 Wend. 55; Mart. & Yerg. 278; 3
Rawle, 498; 2 Dev. & Bat. 162; 6 S. & R. 577; 2 Misso. 166; 9 Leigh, 613; 10
Yerg. 535; 3 Humph. 70. Vide 4 Taunt. 309.
4. A distinction has been made between capital cases and other criminal
cases, not capital. In cases of misdemeanors and in civil cases, the right
to discharge rests in the sound discretion of the court, which is to be
exercised with great caution. 9 Mass. 494; 3 Dev. & Batt. 115. In
Pennsylvania this point seems not to be settled. 6 Serg. & Rawle, 599. The
reader is referred to the word Jeopardy, and Story on the Const. Sec. 1781;
9 Wheat. R. 579; Rawle on the Const. 132, 133; 1 Chit. Cr. Law, 629; 1 Dev.
491; 4 Ala. R. 173; 2 McLean, 114. See Afforce.
|