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as to his intent, if I might direct those
questions.
T,HE CHAIRMAN: Delegate Henderson's
time has expired. If there is time to recog-
nize him and no one wants to sneak, the
Chair will recognize him again.
Does anyone else desire to sneak in favor
of the amendment?
Delegate Byrnes.
DELEGATE BYRNES: I would just like
to point out that I think that some of the
questions and answers that were suggested
on the floor have left with some of us a
misleading impression. I think he means
only if the General Assembly decides ,to
have a jury system on the district level
would we have that. But we are not making
that decision. If the General Assembly de-
cides, then let us give them the additional
flexibility to go below twelve.
It is simply giving them a flexibility that
is highly desirable. We are not deciding
that they should have jury cases at that
level.
THE CHAIRMAN: Any delegate desire
to speak in opposition ?
DELEGATE RYBCZYNSKI: I want to
j>%o on record as probably the only delegate
in this room in opposition to this amend-
ment for a certain reason, and that is I am
convinced now, more than ever, that what
has been done in our judiciary section
amounts to a five-tier court.
Not this year or next year, but in the
near future, I can see where a crowded dis-
trict court docket can be set back five, six,
or seven days by a series of jury trials. I
can say that there is no courtroom in the
city of Baltimore that is on that level,
designed to accomodate the jury.
I can see that there is no jury commis-
sioner now in existence to handle this jury.
I can see the spending of all kinds of money
for this type of provision. I strongly urge
the rejection of this amendment and I
strongly urge all delegates to give serious
consideration to this business of the four-
tier court system.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment ?
Delegate Bennett.
DELEGATE BENNETT: I just wanted
to respond. What Mr. Rybczynski is saying
is that a jury trial should be discouraged.
It is pretty hard to discourage jury trials in
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Baltimore where 98 percent of the cases
are tried on a verdict of guilty.
If we want to grant the jury trial and
you believe in jury trials, the thing to do
is to vote in favor of this amendment.
THE CHAIRMAN: Delegate Borom, do
you desire to speak in opposition?
DELEGATE BOROM: Yes.
One thing that concerns me is when the
amendment suggests the use of six people
on the jury. The philosophy has been es-
poused that one should be judged by a jury
of his peers. We have had trouble relating
to the selection process of juries and when
we talk about selecting six, I am concerned
that we may further erode the principle of
a trial by a jury of your peers.
Unless I can be assured that the criteria
for the selection of jurors is such that he
really has an opportunity to be judged by
his peers, I will stick with the twelve.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor?
DELEGATE JOHNSON: Although my
gccd friend Delegate Rybczynski has as al-
ways brought up some matters that merit
attention, I do feel, however, inasmuch as
Delegate Henderson's amendment will per-
mit flexibility, we should give it very, very
serious consideration.
In other words, it seems to me that this
particular amendment would help the ac-
cused, would help incarcerated individuals
who because of the nature of the crime or
their record could not be released upon bail.
It would seem to me that they would have
an opportunity to elect to have a speedier
trial than they would if they waited to be
tried either by a judge or jury at a superior
court level depending upon the nature of
the crime.
Inasmuch as this allows the General As-
sembly to consider the possibility of having
six-man juries in the district court, I think
it is a worthwhile amendment and I think
that we should permit this flexibility in our
constitution.
I believe that in time we are going to
need juries in the district court and I think
that the accused and their attorneys will
welcome the opportunity to have a speedy
trial and will welcome the opportunity to be
tried by six men as well as twelve and for
that reason, I support the amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
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