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Article: Trial by human beings: the jury system and its discontents.(THE LAW)
- Article from:
- National Review
- Article date:
- April 25, 2005
- Author:
CopyrightCOPYRIGHT 2005 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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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 or excessive, as they were under England's Bloody Code (according to which there were over 200 ...