The Crowd [64]
become enemies of the nation, and of whom in consequence it was clearly well to be rid.
At the end of a week's work, all these operations being brought to an end, the slaughterers can think of reposing themselves. Profoundly convinced that they have deserved well of their country, they went to the authorities and demanded a recompense. The most zealous went so far as to claim a medal.
The history of the Commune of 1871 affords several facts analogous to those which precede. Given the growing influence of crowds and the successive capitulations before them of those in authority, we are destined to witness many others of a like nature.
CHAPTER III
CRIMINAL JURIES
Criminal juries--General characteristics of juries--statistics show that their decisions are independent of their composition--The manner in which an impression may be made on juries--The style and influence of argument--The methods of persuasion of celebrated counsel--The nature of those crimes for which juries are respectively indulgent or severe--The utility of the jury as an institution, and the danger that would result from its place being taken by magistrates.
Being unable to study here every category of jury, I shall only examine the most important--that of the juries of the Court of Assize. These juries afford an excellent example of the heterogeneous crowd that is not anonymous. We shall find them display suggestibility and but slight capacity for reasoning, while they are open to the influence of the leaders of crowds, and they are guided in the main by unconscious sentiments. In the course of this investigation we shall have occasion to observe some interesting examples of the errors that may be made by persons not versed in the psychology of crowds.
Juries, in the first place, furnish us a good example of the slight importance of the mental level of the different elements composing a crowd, so far as the decisions it comes to are concerned. We have seen that when a deliberative assembly is called upon to give its opinion on a question of a character not entirely technical, intelligence stands for nothing. For instance, a gathering of scientific men or of artists, owing to the mere fact that they form an assemblage, will not deliver judgments on general subjects sensibly different from those rendered by a gathering of masons or grocers. At various periods, and in particular previous to 1848, the French administration instituted a careful choice among the persons summoned to form a jury, picking the jurors from among the enlightened classes; choosing professors, functionaries, men of letters, &c. At the present day jurors are recruited for the most part from among small tradesmen, petty capitalists, and employes. Yet, to the great astonishment of specialist writers, whatever the composition of the jury has been, its decisions have been identical. Even the magistrates, hostile as they are to the institution of the jury, have had to recognise the exactness of the assertion. M. Berard des Glajeux, a former President of the Court of Assizes, expresses himself on the subject in his "Memoirs" in the following terms:--
"The selection of jurymen is to-day in reality in the hands of the municipal councillors, who put people down on the list or eliminate them from it in accordance with the political and electoral preoccupations inherent in their situation. . . . The majority of the jurors chosen are persons engaged in trade, but persons of less importance than formerly, and employes belonging to certain branches of the administration. . . . Both opinions and professions counting for nothing once the role of judge assumed, many of the jurymen having the ardour of neophytes, and men of the best intentions being similarly disposed in humble situations, the spirit of the jury has not changed: ITS VERDICTS HAVE REMAINED THE SAME."
Of the passage just cited the conclusions, which are just, are to be borne in mind and not the explanations, which are weak. Too much astonishment should not be felt at this weakness, for, as a
At the end of a week's work, all these operations being brought to an end, the slaughterers can think of reposing themselves. Profoundly convinced that they have deserved well of their country, they went to the authorities and demanded a recompense. The most zealous went so far as to claim a medal.
The history of the Commune of 1871 affords several facts analogous to those which precede. Given the growing influence of crowds and the successive capitulations before them of those in authority, we are destined to witness many others of a like nature.
CHAPTER III
CRIMINAL JURIES
Criminal juries--General characteristics of juries--statistics show that their decisions are independent of their composition--The manner in which an impression may be made on juries--The style and influence of argument--The methods of persuasion of celebrated counsel--The nature of those crimes for which juries are respectively indulgent or severe--The utility of the jury as an institution, and the danger that would result from its place being taken by magistrates.
Being unable to study here every category of jury, I shall only examine the most important--that of the juries of the Court of Assize. These juries afford an excellent example of the heterogeneous crowd that is not anonymous. We shall find them display suggestibility and but slight capacity for reasoning, while they are open to the influence of the leaders of crowds, and they are guided in the main by unconscious sentiments. In the course of this investigation we shall have occasion to observe some interesting examples of the errors that may be made by persons not versed in the psychology of crowds.
Juries, in the first place, furnish us a good example of the slight importance of the mental level of the different elements composing a crowd, so far as the decisions it comes to are concerned. We have seen that when a deliberative assembly is called upon to give its opinion on a question of a character not entirely technical, intelligence stands for nothing. For instance, a gathering of scientific men or of artists, owing to the mere fact that they form an assemblage, will not deliver judgments on general subjects sensibly different from those rendered by a gathering of masons or grocers. At various periods, and in particular previous to 1848, the French administration instituted a careful choice among the persons summoned to form a jury, picking the jurors from among the enlightened classes; choosing professors, functionaries, men of letters, &c. At the present day jurors are recruited for the most part from among small tradesmen, petty capitalists, and employes. Yet, to the great astonishment of specialist writers, whatever the composition of the jury has been, its decisions have been identical. Even the magistrates, hostile as they are to the institution of the jury, have had to recognise the exactness of the assertion. M. Berard des Glajeux, a former President of the Court of Assizes, expresses himself on the subject in his "Memoirs" in the following terms:--
"The selection of jurymen is to-day in reality in the hands of the municipal councillors, who put people down on the list or eliminate them from it in accordance with the political and electoral preoccupations inherent in their situation. . . . The majority of the jurors chosen are persons engaged in trade, but persons of less importance than formerly, and employes belonging to certain branches of the administration. . . . Both opinions and professions counting for nothing once the role of judge assumed, many of the jurymen having the ardour of neophytes, and men of the best intentions being similarly disposed in humble situations, the spirit of the jury has not changed: ITS VERDICTS HAVE REMAINED THE SAME."
Of the passage just cited the conclusions, which are just, are to be borne in mind and not the explanations, which are weak. Too much astonishment should not be felt at this weakness, for, as a