JB/035/038/002

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26 Obs.

Juries § 3. Innate defects This defect too you never can cure while a Jury
is a Jury: for the essence of this the institution
consists in the taking men without choice.

20 This want of intelligence prevents their decisions possessing so much of the confidence of men even of their own level as would be commanded by a Judge It is in vain to say It may be said that the opinion of a Jury
though less entitled abstractedly speaking to the confidence
of the public, will in fact have more of the confidence
of the public, as the public people will have most
confidence in an opinion given by men taken from
among themselves, by men who view the subject from
the same ground they stand upon. This It is not so
Superior wisdom intelligence though it can not always command
confidence, will always stand a better chance
of it than weakness. inferior I speak not here of the general & speculative notion: prejudice in favour of the institution. That is a which I shall speak of afterwards is a matter very different from the confidence entertained: in the fitness Honesty out of the question,
it is not from men who stand on no higher a
the same level with themselves that the people
will prefer taking a report, but from a man men who
stands on more elevated ground. Satisfy them
that the report will be equally fair in both cases,
the people will have no doubt which of the two is
likely to see best. When a Jury leans one way and
a Judge the other, it is not his ability that is ever
questioned but his integrity: probity: In the Judge, as in other public men an opinion entertained of conduct of a Jury in any such particular in men in elevated case stations especially in that of Judge A man who never approved of any one decision verdict he ever heard of might not confess to admirer of the institution. the
is to underrate the latter quality, and to over-rate the
former is the common prejudice constant bent of
vulgar prejudice. The confidence is in the institution
in Juries in general, not in any Jury in particular. Nothing
more inconsistent: but what more frequent, than inconsistency?
Prejudice in so much as founded as other men have thought, not to himself

Identifier: | JB/035/038/002"JB/" can not be assigned to a declared number type with value 35.
Date_1		Marginal Summary Numbering	19-20
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	038	Info in main headings field
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f25 / f26
Penner	jeremy bentham	Watermarks	l munn
Marginals	jeremy bentham	Paper Producer	benjamin constant
Corrections		Paper Produced in Year
Notes public		ID Number	10631
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