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Juries

Juries organized by courts of law are examples of a small, heterogeneous crowd that is partially anonymous, in that the identities of jurors is a matter of public record, but that their behavior is concealed within the group.

Juries also demonstrate the manner in which individual intelligence is subordinated to the consensus of the group - and there is ample record of clearly misguided decisions that are as likely to be made by a group of learned men as a group of illiterates. It is particularly simple to draw this comparison as there was at one time a preference for men of good character and sound mind to participate in juries, and a dramatic shift to the use of peers of the accused, often found among the lower classes. Neither is more likely to come to a verdict that can be logically derived from the evidence and testimony of the trial.

He remarks on the process of jury selection, which was similar to the method of the present day: the court assembles candidates by lottery and the attorneys question them and must agree they are suitable, but seldom disqualify a juror. "As a rule, counsel equally with magistrates seem to be ignorant of the psychology of crowds and, in consequence, of juries."

Juries are strongly impressed by emotional appeals and very slightly by logical ones. Some observations:

Many critics of government have started "a strong campaign" against the institution of the jury, campaigning instead for the judge to render a verdict. This had previously been unthinkable, given that the courts were an instrument of the state and under control of a tyrannical government, but in a republic, where judges are appointed for their objectivity and fair-mindedness, there is no such concern.

It is therefore generally agreed that a single objective and fair-minded judge is preferable to a jury in rendering a fair and just verdict. A particular point is that the judge is identifiable, and can be held responsible for bad verdicts, and can be removed from office. Whereas jurors are anonymous, cannot be held individually responsible, and serve but once and have little interest in justice.

As such, a compromised has been reached which enables the accused to choose whether to be judged by a jury or by the magistrate, and the choice seems rather simple: if you are legitimately guilty of a crime but wish to be falsely exonerated, choose a jury; but if your are legitimately innocent of the crime and fear being falsely convicted, choose the judge.