The Chautauquan, Vol. 03, May 1883Chautauqua Literary and Scientific Circle
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The Chautauquan, Vol. 03, May 1883
Chautauqua Literary and Scientific Circle
Chautauqua Institution -- Periodicals; Chautauqua Literary and Scientific Circle -- Periodicals
All intelligent men are to a greater or less extent readers of
newspapers, and to hold that knowledge thus obtained disqualifies one
for sitting as juror when the case is brought to trial, virtually
excludes men of even ordinary intelligence from the jury-box, and,
too, in those very cases where they are most needed in order to secure
just and righteous verdicts. The legitimate fruits of the exclusion
of the reading classes from sitting as jurors are such verdicts as
that rendered recently by a Fayette County (Pa.) jury, in the Dukes
trial, where, disregarding the charge of the judge,—the evidence
set forth,—the opinion of an entire community,—the jury brought
in a verdict of not guilty. The whole country was horrified and
disheartened, that a man clearly guilty could under this system be
cleared. Such outrages on right and justice are sure to result whenever
ignorance takes the place of intelligence in the jury-box, and will
sooner or later bring the whole matter of trial by jury into disrepute.
It is not _intelligence_, but ignorance, prejudice, and partiality
that should be excluded. The only question in this regard which a jury
when impaneled should be expected to answer is whether, under their
oaths, they can take their place on the jury and render an honest and
impartial verdict.
There is another grave danger in this custom. Not only are the
non-reading and ignorant classes disqualified for rendering a fair and
intelligent verdict, but they are for the most part sadly deficient in
principle and integrity, and hence are more readily corrupted, more
easily bribed, and more likely to be influenced by designing lawyers
than men of average intelligence and general information. The numerous
acquittals of individuals adjudged guilty by the popular verdict,
and in the very face of the evidence adduced, is proof positive that
in such instances the twelve men in the jury-box are in no sense the
custodians of the law or the mouthpiece of justice. If, for any reason,
intelligence is ruled out of the jury-box, the jury system will cease
to be regarded as a reliable instrument for the administration of
justice.
Stevens’s Madame De Staël.
Public-domain text, read in full here on John Shaqi.
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