In reality the ordinary jury is selected from active working men unused to confinement, and unable to think and reason continuously on any topic outside of their everyday life. They are untrained to discern the probable facts in a contested case, and understand the real from the apparent in the arguments of counsel. The confinement of the court room, its bad, vitiated atmosphere, with the changed diet of hotels in a long trial, make them still more unfit.The writer is unduly harsh on the intelligence of ordinary men. Modern science writers are still unduly harsh, constantly demeaning the intelligence of Deplorables.
There are always men with a mental “twist” or bias in the average jury. In good surroundings and in good health this would be concealed, but after a day or more in the court room it becomes a dominant factor. Strong religious, temperance and political views intrude themselves, whenever the man becomes at variance with his surroundings, and its natural physical and psychical influences.
Lowering and changing the degree of health and functional activities makes him more intolerant of the divergent views of others. After the second or third day of a trial, appeals to these conceptions and efforts to make some facts apply along these lines are always effectual.
Labels: Jackboot stomping forever, Jail mode
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