Honesty, Fairness, Justice and the Jury

For those who are concerned about relying on the Moral Compass of Jurors...

We are already captured by the 'moral' compass of the general public - but in a removed way which people can't see or course correct.  The general public forms our parliament, our lawyers, our police etc, and the general public more broadly, in the consensus reality we are in, when the mass of people go along with immorality, it impinges on the minority who do want to live in a moral society. So, you are already captured by the immorality of the mass of the people,  just in a way that is amorphous and unaccountable. 

Trial by Jury, on the other hand, still relies on the people, but in a way where they are making a focused decision, in a room with 11 other people from different walks of life, with different experiences and so on.  The views of each and every one of them will be put on the mat and they cannot just leave the discussion or flounce-off in the same way they can in social discussion or on social media. The jurors rise to the occasion and you can see from memoir and research that they hold each other accountable. 

Now, imagine if the power of the jury was raised in the consciousness of the people. Imagine if they were taught this from an early age - the power they have. See, the jury is not just a tribunal which deals with the guilt or innocence of the defendant before them, but a way in which society becomes more conscious and more reliant on their consciences. In this way, it is a form of restorative justice - which has positive benefits for the jurors, their families and communities, and for society as a whole. As Alexis de Tocqueville said: the jury ‘Is both the most effective way of establishing the people’s rule and the most efficient way of teaching them to rule’ or, as Trevor Grove put it in his memoir "The Juryman" :

"We had become professionalized... They say the office helps to make the man. Even within the much briefer compass of most trials, jury membership does seem to summon up people’s civic-mindedness - perhaps for the first and only time in their lives. Although this is a cynical age, honesty, fairness and justice are concepts nearly everyone believes in, even if they do not personally live up to them."

LW