Yet whatever the temperament of the jury and its legal insight, we may
sharply separate its ideas of deserved punishment from that far more
important aspect of its function, the weighing of evidence. The
juries may be whimsical in their decisions, they may be lenient in
their acquittals or over-rigid in their verdicts of guilty, but that
is quite in keeping with the democratic spirit of the institution. The
Teutonic nations did not want the abstract law of the scholarly
judges; they want the pulse-beat of life throbbing in the court
decisions, and what may be a wilful ignoring of the law of the jurists
may be a heartfelt expression of the popular sentiment. Better to have
some statutes riddled by the illogical verdicts than legal decisions
severed from the sense of justice which is living in the soul of the
nation. But while a rush into prejudice or a hasty overriding of law
may draw attention to some exceptional verdicts, in the overwhelming
mass of jury decisions nothing is aimed at but a real clearing up of
the facts. The evidence is submitted, and while the lawyers may have
wrangled as to what is evidence and what is not, and while they may
have tried, by their presentation of the witnesses on their own side
and by their cross-examinations, to throw light on some parts of the
evidence and shadow on some others, the jurymen are simply to seek the
truth when all the evidence has been submitted. And mostly they do not
forget that they will live up to their duty best the more they
suppress in their own hearts the question whether they like or
dislike the truth that comes to light. Whoever weighs the social
significance of the jury system ought not to be guided by the few
stray cases in which the emotional response obscures the truth, but
all praise and blame and every scrutiny of the institution ought to be
confined essentially to the ability of the jurymen to live up to their
chief responsibility, the sober finding of the true facts.
Public-domain text, read in full here on John Shaqi.
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