And if sometimes the jury can withstand the abuses of government,
still too frequently it does not withstand its own passions, or
the influence of the social class (the bourgeoisie in our own
day), to which nearly all juries belong. It is notorious, in
fact, that the jury is more rigorous in regard to prisoners
accused of crimes against property than in regard to those accused
of crimes against the person, especially crimes instigated by
personal motives such as hate, vengeance, or the like; for every
juryman thinks that he himself might be a victim of the exploits
of a thief, or the attacks of a murderer for the sake of gain;
whereas there is less reason to fear a murder provoked by
vengeance, an outrage, an embezzlement of public money, or the
like. And Machiavelli said that men would rather have blood
drawn from their veins than money from their pockets.
Besides, the same jury which will resist pressure from the
Government does not resist popular pressure, direct or indirect,
especially in view of the secrecy of their individual votes. No
doubt there are noble exceptions; but society is made up of
average virtues, and only upon them can it count.[17]
[17] In Dublin, for the trial of the murderers of Burke and Lord
Frederick Cavendish, in 1883, the empanelling of the jury was very
difficult, for nobody was willing to expose himself to the
vengeance of the fanatics.
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