The crowd : $b A study of the popular mindLe Bon, Gustave
Science
The crowd : $b A study of the popular mind
Le Bon, Gustave
Crowds
Many writers, some of them most distinguished, have started of
late a strong campaign against the institution of the jury,
although it is the only protection we have against the errors,
really very frequent, of a caste that is under no control.[25] A
portion of these writers advocate a jury recruited solely from
the ranks of the enlightened classes; but we have already proved
that even in this case the verdicts would be identical with those
returned under the present system. Other writers, taking their
stand on the errors committed by juries, would abolish the jury
and replace it by judges. It is difficult to see how these
would-be reformers can forget that the errors for which the jury
is blamed were committed in the first instance by judges, and
that when the accused person comes before a jury he has already
been held to be guilty by several magistrates, by the juge
d'instruction, the public prosecutor, and the Court of
Arraignment. It should thus be clear that were the accused to be
definitely judged by magistrates instead of by jurymen, he would
lose his only chance of being admitted innocent. The errors of
juries have always been first of all the errors of magistrates.
It is solely the magistrates, then, who should be blamed when
particularly monstrous judicial errors crop up, such, for
instance, as the quite recent condemnation of Dr. L---- who,
prosecuted by a juge d'instruction, of excessive stupidity, on
the strength of the denunciation of a half-idiot girl, who
accused the doctor of having performed an illegal operation upon
her for thirty francs, would have been sent to penal servitude
but for an explosion of public indignation, which had for result
that he was immediately set at liberty by the Chief of the State.
The honourable character given the condemned man by all his
fellow-citizens made the grossness of the blunder self-evident.
The magistrates themselves admitted it, and yet out of caste
considerations they did all they could to prevent the pardon
being signed. In all similar affairs the jury, confronted with
technical details it is unable to understand, naturally hearkens
to the public prosecutor, arguing that, after all, the affair has
been investigated by magistrates trained to unravel the most
intricate situations. Who, then, are the real authors of the
error--the jurymen or the magistrates? We should cling
vigorously to the jury. It constitutes, perhaps, the only
category of crowd that cannot be replaced by any individuality.
It alone can temper the severity of the law, which, equal for
all, ought in principle to be blind and to take no cognisance of
particular cases. Inaccessible to pity, and heeding nothing but
the text of the law, the judge in his professional severity would
visit with the same penalty the burglar guilty of murder and the
wretched girl whom poverty and her abandonment by her seducer
have driven to infanticide. The jury, on the other hand,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account