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If I repeat an earlier question, I am sorry.
I am wondering, what Delegate Render-
son's amendment does that is not already
provided by section 7 since he amended his
amendment?
THE CHAIRMAN: Section 5 pertains to
criminal cases; section 7 to civil cases.
Delegate Johnson.
DELEGATE JOHNSON: Excuse me, I
thought Judge Henderson moved down to
section 7 for the purpose of his amendment.
THE CHAIRMAN: Not yet. He has an-
other one.
DELEGATE JOHNSON: My mistake.
Delegate Weidemeyer.
DELEGATE WEIDEMEYER: I would
like to ask Delegate Henderson if this
amendment were adopted for application to
district courts, in your opinion, would that
foreclose the defendant's right to a jury of
twelve and a unanimous verdict, and would
it foreclose under those circumstances his
election to take his case to the superior
court where he would be guaranteed a trial
and unanimous verdict by a jury of twelve?
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: I should
think if the constitution permits a six-man
jury in the district court that that would
be the jury to which he is entitled and the
only jury to which he is entitled.!
That would be the very purpose, I think,
because in many instances now, as we
know, when we had these magistrates who
were in many cases laymen and no more
than justices of the peace before the move-
ment to set up People's Courts came about,
it was really necessary to take these ap-
peals and .to give the accused every right to
get to the higher level as soon as possible,
either by electing a jury trial, or an appeal,
and then a trial de novo, which was a pure
duplication.
Now that we are setting this up as a
full-scale court and their rights are pro-
tected and they are entitled to counsel, I
see no reason why we cannot have a final
trial and not allow an appeal to the higher
court merely for the purpose of trying the
case over again before a different jury.
THE CHAIRMAN: Delegate Weidemeyer,
do you have another question ?
DELEGATE WEIDEMEYER: I was won-
dering whether Delegate Henderson would
agree to an amendment to this amendment
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to provide .that any defendant would have
a right to elect a jury of 12, if that is
what he desired.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: That should
be left to the legislature as to what they
will work out. It is entirely up to them.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: I rise to respect-
fully urge that you reject this amendment.
In the first place, any comparison to section
7, civil cases, is like comparing apples to
oranges.
There is an entirely different concept and
philosophy with respect to the trial of
criminal cases and the rights of the ac-
cused.
This is what we are talking about. We
will come to the civil jury cases later. I
urge you not to be misled by that. While
we are on this subject, I might say to you
we have nowhere mentioned in section 7 a
reference to district courts.
I also must call your attention to the fact
that in the present status of this judicial
code or judicial 'branch, the language used
is that district courts shall have original
jurisdiction prescribed by law.
I do not know what that means and I do
not see any reason for setting up a special
jury system which may or may not apply
to this court. I do not think we should work
on the principle: a little crime, therefore, a
little jury.
I think a person is still entitled to have
his rights determined by the traditional
twelve people as has always been provided
in our constitution and in the federal Con-
stitution. I see no difference in this point
than I did last night, or in any further
consideration of the idea of less than twelve
people to determine the verdict in a crimi-
nal case.
An individual's rights are entitled to be
preserved. That is what we are intending
to do by the majority report of the Com-
mittee. We hope that you will reject this
amendment.
THE CHAIRMAN: Is there any further
discussion?
DELEGATE MARION: Mr. Chairman.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Because of the
questions Delegate Weidemeyer asked Dele-
gate Henderson, I had a couple of questions
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