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:—
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