Note 3 — Chapter XI · THE LAW A HUNDRED YEARS HENCE

It is sometimes questioned whether trial by jury will continue a feature of modern civilisation. The remark of a legal cynic that “the man with a good case is always safe with a judge, while the man with a bad case has always a chance with a jury,” is sufficiently sound to make it a question whether juries are worth the trouble given to the members of them, and the vast amount of additional labour which their employment inflicts on the courts of which they are a feature. The conditions which make trial by jury “the blest palladium of our liberties” have passed away in civilised countries, and to a great extent in Ireland. It is no doubt characteristic of the British people that we should so long as this have retained the use of juries in civil suits, though even here there are many cases (especially in divorce and libel) where the average common sense of a jury is really helpful to the judge, and constitutes a check upon his prejudice or impatience. There was a time when the jury was a genuine safeguard against oppression in private as well as Crown cases, and it is like us, as a nation, to have retained them when their usefulness in this respect was happily obsolete. But it seems to the writer pretty certain that in civil trials juries will have been dispensed with long before the end of this century, and this dispensation will probably be the stepping-stone to a system whereby criminal causes will be tried by a bench of judges, instead of by a judge and jury. The whole tendency of modern conditions (in which must be included our growing, and highly discreditable, individual impatience of the trouble of jury-service) seems to point to this.3