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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.
There can be little doubt that technology is going to transform our world in ways that will make it unrecognisable to us fifty years from now. Technology is going to transform our lives, our work, and our relationships in ways that we, in our mortal and limited wisdom, will prove unable to comprehend. What we consider science fiction today, we will consider reality tomorrow.
The most obvious clue has been the internet. This medium is, indeed has, changed the world in ways we cannot even begin to fathom. Virtually every home in the developed world has the internet. Most of us carry it around with us in the form of smartphones and tablets. It has revolutionised the way we learn, do business, commit crimes, and communicate with one another.
Then there’s television. The shows featured on mainstream television can be described, accurately, as formulaic, petty, cheap, and shallow. It’s news and current affairs programs provide little in the way of real or, for that matter, interesting information. Likewise, their fictional programming features staid and one-dimensional characters in cliché plots and scenarios.
By contrast, paid subscription services like Netflix and Hulu feature shows that appeal to a wide variety of temperaments and interests. By contrast, the shows on paid subscription services like Netflix and Hulu appeal to a wide variety of temperaments and interests. Their shows captivate the imagination by featuring intriguing plots, complex characters, inspired cinematography, beautiful set designs, and state-of-the-art special effects. Just take a look at some of the titles: Archer, Suits, Spartacus, Mindhunter, House of Cards, Rick and Morty, Game of Thrones, and so forth.
One night of watching mainstream television followed by a single night of watching a paid subscription service should be proof positive to anyone that television is slowly, but surely, fading away.
Finally, there is music. Digital music outlets like I-Tunes and Spotify has revolutionised the way in which listen (and, more sinisterly, steal) music. Where once our grandparents were limited to their vinyl record collection, today’s music lover has access to thousands of songs at his or her fingertips.
Allow me to reiterate what I said before: the high-tech world that pervaded the imaginations of storytellers and filmmakers will no longer be a fantasy, it will be a reality.
I, for one, can easily envision a world in which an omnipresent house computer reads our body temperature and regulates the climate in our home without us being consciously aware of it. I can envision a world where a computer-controlled kitchen cooks our food with little intervention us. I can envision a world of driverless cars, endless self-serve checkouts, and more.
The future will be digital. The challenge for the human race is to be able to embrace this change without losing our individual autonomy.
Once a week, King Alfred Press will be examining a work of Western Culture. These works can include literature, poetry, film, art, music, or anything else considered ‘cultural.’
This week we will be examining the poem To the Virgins, to Make Much of Time. The poem was published in 1648 as part of a volume of verse entitled Hesperides, written by lyrical poet and cleric, Robert Herrick (1591 – 1674). (It was one of twenty-five-hundred poems Herrick would write in his lifetime).
Over the course of his eighty-three years, Herrick lived through the reigns of Elizabeth I (1533 – 1603), James I (1566 – 1625), Charles I (1600 – 1649), and Charles II (1630 – 1685), as well as the English Civil War (1642 – 1651) and the subsequent English Commonwealth (1653 – 1660) under Oliver Cromwell (1599 – 1658).
Gather ye rosebuds while ye may,
Old time is still a-flying;
And this same flower that smiles today
To-morrow will be dying.
The glorious lamp of heaven, the sun,
The higher he’s a-getting,
The sooner will his race be run,
And nearer he’s to setting.
That age is best which is the first,
When youth and blood are warmer;
But being spent, the worse, and worst
Times still succeed the former.
Then be not coy, but use your time,
And, while ye may, go marry:
For having lost but once your prime,
You may forever tarry.
The opening line, “gather ye rosebuds while ye may”, provides clues to the poem’s influences. In the Wisdom of Solomon (chapter two, verse eight), the phrase: “Let us crown ourselves with rosebuds before they wither.” The closing line of De Rosis Nascentibus, attributable to either Ausonius or Virgil, is:
“Collige, virgo, rosas, dum flos novus et nova pubes,
et memor esto aevum sic properare tuum.”
In English, this translates to: “Maidens, gather roses, while blooms are fresh and youth is fresh, and be mindful that your life-times hastes away.” Edmund Spenser (1552 – 1599) the Faerie Queen has a young man in the Bower of Bliss sing:
“Gather therefore the Rose, whilest yet is prime,
For soone comes age, that will her pride deflowre:
Gather the Rose of love, whilest yet is time,
Whilest loving thou mayst loved be with equall crime.”
Whilst, Shakespeare’s (1564 – 1616) sonnet eighteen begins with the couplet:
“Rough winds do shake the darling buds of May,
And summer’s lease has all too short a date.”
Interestingly, the title of Herrick’s poem may provide us with a clue as to its intentions. The poem’s title addresses itself to ‘the virgins’ – young, beautiful woman – and advises them ‘to make much of time’ – use their beauty and their youth while they still have the chance.
Herrick’s poem is one of the most famous examples of ‘Carpe Diem’ type sentimentality. The term, ‘carpe diem’ or ‘seize the day’, is a Latin sentiment attributable to the Roman lyrical poet, Horace (65BC – 8BC). We are asked, by Herrick and Horace, among others, to understand the brevity of our lives and to make the most of what ever precious moments happen to be presented to us. In this sense, to the Virgins is an advisory poem, an attempt by Herrick to impart some wisdom to us. “The sun is only going to shine on you for a brief moment”, Herrick appears to be telling us, “so make the most of it.” Even beauty and youth fades: “and this same flower that smiles today/ to-morrow will be dying.”