Hence we
obtain an impassioned and purblind justice.
And the predominance of sentiment over the intelligence of the
jury is revealed in the now incurable aspect of judicial
discussions. There is no need and no use for legal and
sociological studies and for technical knowledge; the only need is
for oratorical persuasiveness and sentimental declamations. Thus
we have heard an advocate telling a jury that, ``in trials into
which passion enters, we must decide with passion.'' Hence, also,
the deterioration of science in the Assize Courts, and its faulty
application, and its completely erroneous consequences.
Moreover, the verdict of the jury cannot represent the sum of
spontaneous and individual convictions--not only in countries
where juries are exposed to all kinds of influences during the
adjournments of the discussion, but even in England, where
unanimity is required, and where all communication of the jury
with the outer world is forbidden until the end of the trial. For
in every case the influence of the most intriguing or most
respected jurymen in the jury's room is always inevitable. So
that we have even had irresponsible suggestions of public
deliberation on the part of the jury.
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