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JURIES ARE WORTH KEEPING

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The Jury System is a cornerstone of justice and liberty. However, they are also controversial. On the one hand, there are those who see the jury system as an integral part of a free and impartial justice system. On the other hand, there are those who doubt the jury’s ability to deliver fair and honest verdicts.

Let’s start with the obvious fact that juries are far from perfect. They are imperfect because the people who make them up are imperfect. Ignorance is one major problem. Opponents of the jury system argue, with some justification, that it is too dangerous to place the fate of another human being in the hands of people incapable of understanding the complexities of the cases they are judging. Often those tasked with deciding the outcome of cases lack the technical or legal knowledge to adequately interpret the evidence and testimony being presented to them. It has been suggested that in these cases individual jurors will often resort to pre-conceived beliefs or allow themselves to be influenced by jurors with more knowledge – whether real or perceived – than they have.

Ignorance, however, is an easily solved problem. Why not select jury members based on their familiarity with the subject matters under discussion? Someone who works in the finance industry – bankers, financial advisors, accountants, and so forth – would be more equipped to judge financial-based crimes than the layperson.

Then there’s the question of who can sit on a jury. In the United Kingdom an individual needs to be aged between eighteen and seventy, have been a resident of the UK for at least five years since the age of thirteen, and must be mentally stable to serve on a jury. It would more than reasonable to suggest that qualifications for jury duty ought to be more stringent than they are. It is more than reasonable to suggest that the age limit ought to be raised from eighteen to perhaps twenty-five (if not older) and that jurors under the age of forty ought to have certain intellectual qualifications. This would ensure that those tasked with determining guilt or innocence would have the wisdom and/or intelligence to comprehend the grave nature of the responsibility they have been burdened with.

Those who criticise juries also argue that they are prone to bias and prejudice. In one shocking case, Kasim Davey was jailed for contempt when he boasted: “I wasn’t expecting to be in a jury deciding a paedophile’s fate. I’ve always wanted to fuck up a paedophile and now I’m within the law.” (Seemingly it never occurred to Mr. Davey that the man he was judging may have been innocent). Likewise, it is well known that many African American defendants were condemned by all-white juries in the Jim Crow South.

However, much of this is a red-herring. Professor Cheryl Thomas, the director of the Jury Program at University College of London, spent ten years analysing every jury verdict in England and Wales taking into account the race and gender of both defendants and jurors. Professor Thomas concluded that:

“There’s no evidence of systematic bias, for instance, against members of ethnic minorities, or that men are treated differently than women, that if you live in a particular part of the country or you have a certain background that you’re more likely to be convicted than others.”

Besides, those who criticise the jury system forget that juries reflect the values and principles of their society. If juries repeatedly deliver unjust verdicts it is because there is a sickness in that society. The fact that all-white juries tended to convict African American defendants merely because they were black is a reflection on the virulently racist nature of that society, not of the jury system itself. Today, the legal system is careful to disqualify those jurors who may harbour prejudices that will inhibit their ability to judge the facts impartially. Courts are very quick to disqualify jurors who may know the defendant or alleged victim, those with emotional links to the case (i.e. a victim of rape sitting on the jury of a rape trial), and so forth.

Lord Devlin, the second-youngest man to be appointed to the English High Court in the 20th century, once described the jury system as “the lamp which shows where freedom lives.” The principle behind juries is that the individual ought to be judged by his peers based on community standards, not by the politically elite. Without juries, our legal system would be dominated by judges and lawyers. What lies at the centre of the debate over juries is the question of whether the whole of society or just the elite should be involved in the dispensation of justice.

THE DECLINE OF VIRTUE

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It is a great pity that the Latin language is now considered dead. Through its death, we have lost many of the Latin words, expressions, and maxims that provided us with great wisdom and poetry. Among these is the phrase, “Panem et circenses”, or, in English, “bread and circuses.”

Panem et circenses refers to a society that uses food and mindless entertainment to keep control of its people. Such a culture does not encourage deep thought, nor does it encourage any search for meaningful or consequential in life.

What an excellent way to describe modern society and the culture that it has produced. No longer does our culture celebrate those with intelligence, moral piety, or depth of character. Instead, society has chosen to celebrate exhibitionism and licentiousness as the height of moral fortitude.

And no other family has demonstrated this fact more than the Kardashian-Jenner family. And modern culture has seen fit to reward them handsomely for it! In 2016, Forbes Magazine listed the Kardashian-Jenner family as the highest earning reality TV Stars. As of 2017, Kendall Jenner had a net worth of approximately US$18 million, Kourtney Kardashian had an approximate net worth of US$35 million, Khloe Kardashian had a net worth of US$40 million, Kylie Jenner, only twenty-years-old, had a net worth of US$50 million, Kris Kenner had a net worth of US$60 million, and Kim Kardashian had a net worth of US$175 million (she made $45.5 million in 2016/2017 alone).

But it’s hardly fair to criticise them. They have merely capitalised on the desire many people have to live a life of glamour and luxury. The Kardashians have been able to make tens-of-millions-of-dollars through their various reality TV shows, various business ventures, modelling, product endorsements, clothing lines, and more.

Of course, all this is not to say that the Kardashian-Jenner family is blameless. Years ago, a family as egotistical, petty, and immoral (what is Kim Kardashian, after all, other than a glorified porn star?) as the Kardashian family would have been treated with absolute disdain.

Not today, though. Today, the Kardashians have been able to build their empire, and it is an empire, upon shameless exploitation, self-aggrandisement, and self-promotion. They are able to reach nearly a billion people through social media and have been frequent guests on television talk shows.

What the Kardashian-Jenner phenomenon reveals is just how shallow our society has become. People have come to treat supermodels, reality TV stars, and sport’s stars as though they are royalty. The problem with this is that it encourages people to do whatever they like for a little bit of attention.

What all this boils down to is a loss of virtue. We have replaced the old heroes, the ones who encouraged courage and chivalry, with new Gods that encourage self-centredness and licentiousness. Self-expression is no longer to be expressed through the sweat of one’s brow, the depth of his character, or the faculties of his reason. Instead, it can be gained, quite easily, by posting a selfie on Instagram or Facebook.

St. Augustine defined virtue as ‘ordo amoris’ (yet another beautiful Latin maxim), or ‘order of love.’ It was his belief that every object and entity was accorded the level of love and affection that was appropriate for it to receive.

What we have today is a society that has gotten that order wrong. When people no longer honour Kings, they worship movie stars, musicians, models, reality TV stars, prostitutes, scoundrels, and gangsters instead. As C.S. Lewis wrote: “We make men without chests and expect of them virtue and enterprise. We laugh at honour and are shocked to find traitors in our midst. We castrate and bid the geldings be fruitful.”