JB/013/021/001

Click Here To Edit

1820 Sept. 16.

In Answer to Mora

Jury Trial II. Composition of the Jury.

Here I must have recourse to my old and communally
employed logical arrangements.

Direct ends of and positive Judicature securing right decision collateral and negative
end, avoidance of delay, vexation and expence.

1. Securing right decision: means securing appropiate aptitude.

For appropiate moral aptitude, to i.e. appropiate probity — interest
coinciding agreeing with the universal interest; take the Jurors from the lower classes
on the supposition of their being able to write read and write for example the
class of little shop-keepers.

For appropiate intellectual aptitude take men of a superior class
of as high a class as considering the number requisite for all Jury causes taken
together, you can get.

The design is that by the understandings of the two men of superior intellectual aptitude
the understandings of men of inferior intellectual aptitude should be influenced.

By understanding the understanding, not by the will. To prevent
this, the surest way, though perhaps not in every case at a sure way is
to render the suffrages secret.

Call the higher class of Jurors as here Special Jurors; the lower
common Jurors: thus in every Jury you will have Common Jurors and
Special Jurors: but you will have no Common Jury nor any Special Jury.
As to the secrecy of suffrages, the case in which it is conducive to right
decision, is the case where the probability that the interest of the individual
agrees with universal interest (viz that the decision should be
right) is such that any influence of his colleagues would be more likely
to render it wrong than render it or keep it right.

The case where publicity of suffrage is most proper is that where
the probability of the individual's interest being adverse to the universal
interest is such that the apprehension of the ill opinion of his colleagues
is more likely to render his suffrage right than to render it of keep it
wrong.

Special Jurymen two rather than one: that each may be a check
on the other: this for moral aptitude: that in case of difficulty there may
be discussion; this for intellectual aptitude.

In England in all political causes a Special Jury is almost a
certain instrument of wrong decision: viz. in favour of Monarchy or Aristocracy
or both together in a word the ruling few to the detriment of the
subject many: what superior intellectual aptitude they possess is rendered adverse

Identifier: | JB/013/021/001 "JB/" can not be assigned to a declared number type with value 13.
Date_1	1820-09-18	Marginal Summary Numbering
Box	013	Main Headings	rid yourselves of ultramaria
Folio number	021	Info in main headings field	in answer to mora
Image	001	Titles	jury trial / ii composition of the jury
Category	correspondence	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham; richard doane	Watermarks	[[watermarks::[fleur de lys] i&m 1818]]
Marginals		Paper Producer	arthur wellesley, duke of wellington
Corrections		Paper Produced in Year	1818
Notes public		ID Number	4470
Box Contents