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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.
One of the great joys of my life is watching speeches and interviews given by great intellectuals. It was in pursuing this pleasure that I happened upon an episode of the ABC’s panel discussion show, Question and Answers. Coming out of the Festival of Dangerous Ideas, the four people on the panel – the traditional conservative, Peter Hitchens; the feminist writer, Germaine Greer; the American writer, Hanna Rosin; and the gay rights activist, Dan Savage – spent an hour discussing tops ranging from western civilisation to modern hook-up culture.
It became quickly apparent that the intellectual stature of the four panellists was not evenly matched. Hanna Rosin and Dan Savage were less rational, less mature, and more ignorant than Peter Hitchens and Germaine Greer. By comparison, Hitchens and Greer gave carefully considered answers to most of the questions asked. Hitchens, in particular, gave responses based on careful consideration, rational thought, fact, and wisdom. (This is not to say one is required to agree with him)
It was the behaviour of the audience that proved the most alarming, however. Like most Questions and Answers audiences, it was comprised mostly of idealistically left-wing youth. Their primary purpose for being there was to have their ideological presuppositions reinforced. With no apparent motivation to listen to the answers to their questions, these youngsters would clap and cheer like trained seals whenever someone makes an ideologically-correct statement.
How has our society become so stupid? Why do we no longer see being wise and knowledgeable as virtues in and of themselves? Part of the answer comes from a culture of self-hate and contempt promulgated by left-wing intellectuals. Accordingly, Christianity is regarded as archaic (unless, of course, it promotes left-wing beliefs), inequality is caused by capitalism, and the problems of women come as the result of the “patriarchy.” Even the Killing Fields of the Khmer Rouge are rather conveniently blamed on “trauma” emanating from the Vietnam War (rather than the actions of Pol Pot and his band of murderous, communist brutes).
This continuous, unrelenting assault on Western civilisation has led to a general estrangement from Western culture. The common people have been robbed of their inheritance because scholars and intellectuals have reduced their culture into a caricature to be dismantled at will. As a result, they are no longer exposed to the great works of art, architecture, literature, music, philosophy, poetry, sculpture, theology, and theatre that the Western world has produced.
The modern proclivity for ignorance and stupidity comes out of a very special kind of arrogance. It is the kind of arrogance that makes people believe that all those who came before them must be dumber than they are. It does not acknowledge that our modern “enlightenment” is built on the works of those who came before us. Our forebears would be dumbfounded to find a world where, despite having greater access to information than anyone else in history, people have closed their minds to learning.
What all this boils down to is a rejection of wisdom. If you believe that all those who came before you are dumber than yourself you are unlikely to believe they have anything worthwhile to contribute. As such, you are unlikely to believe in wisdom as a universal good. As Neel Burton over at Psychology Today pointed out: “in an age dominated by science and technology, by specialisation and compartmentalisation, it [wisdom] is too loose, too grand, and too mysterious a concept.”
We have made phenomenal advancements in all areas of human knowledge. Sadly, our successes have also made us arrogant and self-righteous. If we are to take full advantage of our potential, we need to reignite our cultural past and find the humility to learn from those who went before us.
Culture is more important than politics. However, in the hierarchy of priorities, many conservatives rank it somewhere between checking their privilege and meeting diversity and inclusion quotas. They simply do see it as being of any importance.
Conservatives mistakenly believe that the culture is less important than politics and economics. In their mind, culture is akin to leisure, something that is relegated to times to relaxation. However, as the late Andrew Breitbart (1969 – 2012), was fond of pointing out: politics is downstream of culture. It is culture – art, film, theatre, literature, sports, video games, news media, and comic books, among other things – that informs public opinion long before policy is announced to the public or even made.
The left has realised this. They have made it a key aspect of their long-term strategy to dominate the culture and exclude conservatives. It has spent decades infiltrating the halls of culture, politics, and academia with little to no opposition from conservatives who, much to their detriment, have failed to realise the importance of these institutions.
To understand the importance of culture it is necessary to understand what culture is. Culture communicates ideas through art, literature, literature, film, and so forth. It is from culture that ideas and beliefs are popularised or dismissed. And it is from culture that our worldview is formed.
The difference between left-wing culture and right-wing culture is that left-wing culture expresses false ideas, whilst the ideas expressed by right-wing culture tend to be truthful.
Just take a look at conservative art compared with left-wing art. Left-wing art champions communism: a political ideology that has killed and enslaved tens-of-millions of people, Conservative art champions Christian values, honour, patriotism, love, and freedom. The Brady Bunch featured a two-parent family (admittedly blended, but that doesn’t really matter) and espoused the virtues of duty, honour, and responsibility whereas a show like Gilmore Girls glorified single motherhood and self-centredness.
If conservatives wish to promote good and truthful ideas, they must be prepared to invest more in the culture. They must be prepared to create businesses, establish grants, and more in order to finance and distribute conservative art. In doing so, they can prevent left-wing censorship and can ensure that good, truthful ideas continue to be promoted.
In 2015, the then-Presidential candidate, Donald Trump (1946 – ) called for a boycott of Starbucks after the famous coffee shop chain failed to include the words “Merry Christmas” on their annual Christmas cups. “Did you read about Starbucks?”, Trump asked a rally in Springfield, Illinois. “No more ‘Merry Christmas’ on Starbucks. Maybe we should boycott Starbucks.”
Two years later, Donald Trump, now President of the United States, doubled down on his pro-Christmas message. Speaking at a Christian Public Policy conference, the President stated:
“We’re getting near that beautiful Christmas season that people don’t talk about anymore. They don’t use the word ‘Christmas’ because it’s not politically correct.”
“You got to department stores and they’ll say, ‘Happy New Year’, or they’ll say other things and it’ll be red, they’ll have it painted. But they don’t say it. Well, guess what? We’re saying ‘Merry Christmas’ again.”
The sentiment that there is a War on Christmas designed to push the religious holiday out of public consciousness carries a great deal of validity. Since 2000, the Becket Institute has listed the biggest Christmas scrooges in American public life, giving the worst offenders an ‘Ebenezer award.’
In 2000, city manager of Eugene, Oregon, Jim Johnson was given the Ebenezer Award after he issued a five-page memo banning Christmas trees from any “public space” in the city.
In 2011, the Ebenezer Award was given to the United States Post Office after they enforced a policy preventing people from singing Christmas carols on Government property. This decision stands in direct contradiction to Benjamin Franklin’s (1706 – 1790) (their founder) commandment to “always live jollily; for a good conscience is a continual Christmas.”
In 2014, the City of Sioux Falls was given the Ebenezer Award after they threatened to repaint and censor snowploughs that featured artwork celebrating the religious nature of Christmas.
In 2015, the Ebenezer Award was given to the Department of Veteran Affairs after they banned their employees at their Salem, Virginia facility from saying ‘Merry Christmas.’
The problem is not unique to the United States, either. During an interview with 2GB Radio, Peter Dutton (1970 – ), Australia’s minister for immigration and border protection, became incensed after a caller informed him that there had not been any Christmas carols in a performance at his grandchild’s school. The caller informed Dutton that the school in question, Kerdon State High School, had replaced the lyric “we wish you a Merry Christmas” with “we wish you a happy holiday.” Dutton replied: “You make my blood boil with these stories. It is political correctness gone mad and I think people have just had enough of it.”
I believe that the drive to remove the more traditional and religious aspects from holidays like Christmas and Easter is indicative of a larger attempt to abolish the influence of Christianity on society and culture.
The problem with this, needless to say, is that it is akin to chopping down a tree and still wishing to enjoy its fruits. It is not possible to enjoy the fruits of Western culture and civilisation when its ideological origins and overarching philosophical-cum-theological structures have been removed. Christianity and Western civilisation are inextricably linked. The poet, T.S. Eliot (1888 – 1965) wrote in Notes Towards the Definition of Culture (1943) that “to our Christian heritage we owe many things besides religious faith. Through it we trace the evolution of our arts, through it we have a conception of Roman Law which has done so much to shape the Western world, through it we have our conception of private and public morality.”
The War on Christmas is an attack on the very fabric of Western Civilisation. Christmas symbolises the central axiom our culture was built on: that the Universe was constructed to have a natural and moral order. The War on Christmas is not merely an attack of Judeo-Christian belief, nor is it merely an attack on Western culture, it is an attack upon truth itself. And the truth cannot prosper while those who believe it are unwilling to defend it.