The Century Illustrated Monthly Magazine, September, 1913: Vol. LXXXVI, No. 5Various
General
The Century Illustrated Monthly Magazine, September, 1913: Vol. LXXXVI, No. 5
Various
Periodicals
If we apply these principles to the question of the jury, the task is
clear. We want to find out whether the coöperation, the discussion,
and the repeated voting of a number of persons is helping or hindering
them in the effort to judge correctly upon a complex situation. We must
therefore artificially create a situation which brings into action the
judgment, the discussion, and the vote; but if we are loyal to the
idea of experimenting, we must keep the experiment free from all those
features of a real jury deliberation that have nothing to do with the
mental action itself. Moreover, it is evident that the situations to
be judged must allow a definite knowledge as to the objective truth.
The experimenter must know which verdict of his voters corresponds to
the real facts. Secondly, the situation must be difficult, in order
that a real doubt may prevail. If all the voters were on one side
from the start, no discussion would be needed. Thirdly, it must be a
rather complex situation, in order that the judgment may be influenced
by a number of motives. Only in this case will it be possible for
the discussion to point out factors which the other party may have
overlooked, thus giving a chance for changes of mind. All these demands
must be fulfilled if the experiment is really to picture the jury
function. But it would be utterly superfluous, and would make the exact
measurement impossible, if the material on which the judgment is to be
based were of the same kind of which the evidence in the court-room is
composed. The trial by jury in an actual criminal case may involve many
picturesque and interesting details, but the mental act of judging is
no different when the most trivial objects are chosen.
Public-domain text, read in full here on John Shaqi.
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