Psychology and Social Sanity by Hugo Münsterberg

Author:Hugo Münsterberg [Münsterberg, Hugo]
Language: eng
Format: epub
ISBN: 9781517699161
Barnesnoble:
Publisher: CreateSpace Publishing
Published: 2015-10-19T00:00:00+00:00

V

THE MIND OF THE JURYMAN

Every lawyer knows some good stories about some wild juries he has known, which made him shiver and doubt whether a dozen laymen ever can see a legal point. But every newspaper reader, too, remembers an abundance of cases in which the decision of the jury startled him by its absurdity. Who does not recall sensational acquittals in which sympathy for the defendant or prejudice against the plaintiff carried away the feelings of the twelve good men and true? For them are the unwritten laws, for them the mingling of justice with race hatreds or with gallantry. And even in the heart of New York a judge recently said to a chauffeur who had killed a child and had been acquitted: “Now go and get drunk again; then this jury will allow you to run over as many children as you like.”

Yet whatever the temperament of the jury and its legal insight, we may sharply separate its ideas of deserved punishment from that far more important aspect of its function, the weighing of evidence. The juries may be whimsical in their decisions, they may be lenient in their acquittals or over-rigid in their verdicts of guilty, but that is quite in keeping with the democratic spirit of the institution. The Teutonic nations did not want the abstract law of the scholarly judges; they want the pulse-beat of life throbbing in the court decisions, and what may be a wilful ignoring of the law of the jurists may be a heartfelt expression of the popular sentiment. Better to have some statutes riddled by the illogical verdicts than legal decisions severed from the sense of justice which is living in the soul of the nation. But while a rush into prejudice or a hasty overriding of law may draw attention to some exceptional verdicts, in the overwhelming mass of jury decisions nothing is aimed at but a real clearing up of the facts. The evidence is submitted, and while the lawyers may have wrangled as to what is evidence and what is not, and while they may have tried, by their presentation of the witnesses on their own side and by their cross-examinations, to throw light on some parts of the evidence and shadow on some others, the jurymen are simply to seek the truth when all the evidence has been submitted. And mostly they do not forget that they will live up to their duty best the more they suppress in their own hearts the question whether they like or dislike the truth that comes to light. Whoever weighs the social significance of the jury system ought not to be guided by the few stray cases in which the emotional response obscures the truth, but all praise and blame and every scrutiny of the institution ought to be confined essentially to the ability of the jurymen to live up to their chief responsibility, the sober finding of the true facts.

It cannot be denied that much criticism has

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