Trial by human beings: the jury system and its discontents.(THE LAW)

National Review | April 25, 2005| | Copyright

THE jury system presupposes an optimistic view of mankind: It presupposes that most citizens of normal intelligence can put aside their prejudices and preoccupations, at least for the duration of a trial, and render a true verdict on an accused (or a plaintiff) according to the evidence laid before them. In other words, jurors will put their legal duty before every other consideration.

The jury system also presupposes a high general level of trust in the legal system itself, and in the legitimacy of society as it is at present constituted. Where punishments are cruel ...

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