A Hundred Years Hence: The Expectations of an OptimistRussell, T. Baron
Philosophy
A Hundred Years Hence: The Expectations of an Optimist
Russell, T. Baron
Forecasting; Twentieth century -- Forecasts
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. [32]
Public-domain text, read in full here on John Shaqi.
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