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
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 do not want the abstract law of the scholarly judges; they want
the pulse-beat of life throbbing in the court decisions, and what may
seem a wilful ignoring of the law of the lawyers may be a heartfelt
expression of the popular sentiment. Better to have some statutes
riddled by 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
shadows 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.
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