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
It cannot be denied that much criticism has been directed against the
whole jury system in America and Europe by legal scholars, as well as
by laymen, on account of the prevailing doubt whether the traditional
form is really furthering the clearing-up of the hidden truth. Where
the evidence is so perfectly clear that every one by himself alone
feels from the start exactly like all the others, the coöperation of
the twelve men cannot do any harm; but it cannot do any particular
good, either. Such cases do not demand the special interest of the
social reformer. His doubts and fears come up only when difference of
opinion exists, and the discussion and the repeated votes overcome
the divergence of opinion. The skeptics claim that the system as such
may easily be instrumental for suppressing the truth and bringing the
erroneous opinion to victory. In earlier times a frequent objection
was that lack of higher education made men unfit to weigh correctly
the facts in a complicated situation, but for a long while this kind
of arguing has been given up. The famous French lawyer who, whenever
he had a weak case, made use of his right to challenge jurymen by
systematically excluding all persons of higher education, certainly
blundered in this respect, according to the views of to-day. Those best
informed within and without the legal science agree that the verdicts
of straightforward people with public-school education are in the long
run neither better nor worse than those of men with college schooling
or professional training. A jury of artisans and farmers understands
and looks into a mass of neutral material as well as a jury of bankers
and doctors, or at least their final verdict has an equal chance to hit
the truth.
Public-domain text, read in full here on John Shaqi.
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