If you will walk into a court some day you will see the judge and over at one side twelve chairs for the jury. When your case is called for trial the first thing will be to select the twelve men who will be the jury in your case. I am not going to give the manner of selection at this time. This will be fully explained later. I wish now to impress upon you the fact that the Constitution expressly guards your rights by providing that you shall be entitled to have your case tried, not before a judge, but by a jury composed of men from the ordinary walks of life, laborers, merchants, farmers, people of all classes; men just like your fathers are. They are called. They hold up their right hands and take an oath to try your case fairly and justly and to make a finding according to the evidence which is brought before them.
"_In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and the district wherein the crime shall have been committed, which district shall have been previously ascertained by law._"(66)
_This is an absolute guaranty_--a right which is given to you, given to each of you, to every man, woman, and child, young or old, regardless of color or creed. A trial without a jury would be a violation of your constitutional rights. Of course, there are a few minor offenses, misdemeanors, and violations of city ordinances, which are sometimes tried without a jury, but in all infamous crimes, for which life may be taken as punishment or for which a person may be sent to the penitentiary, every one is entitled to a trial before a jury.
Is not this a sacred right? Don't you think that it is wise to permit people to have their rights and wrongs determined by a body of plain, honest men? It removes any suggestion of the abuse of power by a person in a public position. It inspires confidence in those who are brought before the court for trial. If we cannot obtain justice before such a body of men, how can justice be obtained in this world?
I have already told you that in this country the people are not only the makers of the law but the enforcers of the law. It is in these jury trials where the people enforce the law.