Long a 0, the late Mr. Justice Holmes had this to say about
juries and the difference between their theoretical and effective functions: II In my experience,I have not found juries speci:lily
I have not found them free~
inspired for the discovery o~' truth.
from prejudice than an ordinary judge would be." But, he believed, they served a social purpose which llmight be considered a grave de~ect
from the point of view of treir theoretical function••• that they
will introduce into their verdict a certain amount --a very large amount,so far as I have observed -- of popular prejudice; and
thus keep the adm~nistration of the lavr in accord with the wishes
and feelings of t.he c rnmuni*ty.1I
~---Nine jurors out of tnelve ~t ~thought the most accountable higher-up,in the Iran-80ntra
Nm~, eighty two percent of the people
affair,was Ron:lid Reagan.
Just about the same proportion. so----the North jury --which we once feared as so ignor~t,
feel t.he same.
so unsophisticated, so unrepresentative ---- may justly claim that it has "kept the administration of the law in accord with the wishes
and feelings of the cornmunity."
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