Courts -- United States; Trial practice -- United States
The question of belief in the jury system is one of the most futile of
all large questions. In the first place, jury trial is so deeply
engraved in the constitutional bill of rights that one might as well
ask: "Do you believe in citizenship?" "Do you believe in the United
States of America?" Secondly, trial by jury is so completely involved
in the present system of court trial and procedure, that they are
inseparable. The evils of the whole attach to the part and the
beneficent aspect of the courts pertain equally to jury trials.
Coming down to a concrete case and leaving the abstract principle to
the theorist, there are certain obvious things to be said for and
against jury trial. The jury represents the opinion of the common or
ordinary man--the _vox populi_. Twelve men picked at random are
probably neither all capitalists nor all laborers. They are made up
of a few of both, but the majority, if not all, are the small
tradesmen or the great middle class. These men are not ignorant,
prejudiced, or unintelligent. They have a limited experience, but
their judgment is the judgment of mediocrity and mediocrity is what is
wanted. The professional man, the expert, the specialist is needed for
the special degree of administration, but for the determination of the
actual right and justice, what is needed is the instinct of the
ordinary man,--the plain ordinary common sense.
When the criminal says: "I stand a better chance with a jury"; when
the civilian says: "If I had the wrong end of the stick give me a
jury," he is appealing not to the wrong side of the jury system, but
to a quality which is not always recognized.
Law is an exact, definite statement of principles, absolute and
apparently immutable. When a man on the street walks up to another and
wantonly insults him, the law is, that the insulted party must turn
and walk away. If the matter came before a jury they would never
convict him for knocking the other down at once. The jury system is
the mitigation of the law.
XVI
LOOKING BACKWARD
Extracts from the Graduation Dissertation of a Columbia
J.E. upon receiving his degree of Juridical Expert in 1947.
Historical investigation of obsolete customs is of little value beyond
preserving some record of what may soon be forgotten.
In the year 1947 it seems almost unbelievable that the universal use
by the public of Judicial Corporations should have been a matter of
such recent economic growth. It is interesting to trace their
development and the social causes from which they sprang.
Public-domain text, read in full here on John Shaqi.
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