In America we like our juries dumb and predictable. God forbid they should know anything about the case they’re judging, much less the law they’re judging it by. We need to protect them from all sorts of things that could infect their brains with information.
If we didn’t do that, it would be like trusting 12 guys off the street to dispense justice. What a quaint idea. And, obviously, a dangerous one.
The idea of a jury is at least 3,000 years old — the Greeks thought 12 was the perfect number of panelists — but our version of it is much younger. We’re coming up on the 800th anniversary of the year when King John was told, essentially, stop forcing your laws down our throats or we’re going to burn down your castle.
Voila! The modern jury system was born. The king could decree all the laws he wanted to decree, but from then on it would be 12 guys from the neighborhood who decided whether they would actually be used against anybody.
King John didn’t go quietly, of course — he hated the Magna Carta and tried to throw jurors in prison when they failed to convict — so it shouldn’t be that surprising that eight centuries later our own black-robed jurists continue to fear juries and try to manipulate and rein them in whenever possible. They would be much more comfortable with juries in the French, Russian or Islamic sense — panels of professional judges — but unfortunately they’ve got this pesky “peers” concept to deal with.
The main way they neutralize the enemy is to make sure the jury is stupid. The dumbing-down process has taken effect gradually over the past hundred years, mostly by making certain the jurors don’t know how much authority they have, by keeping jurors off the panel who might tend to vote their conscience instead of the law of the land, and by just simply withholding information.
For example, in criminal trials, it’s now routine to withhold from the jury any information about mandatory sentencing. While deliberating a man’s fate, you’re not allowed to know whether “guilty” is more likely to result in five years of prison or 50 — because if you knew just how hard the hammer was about to fall, you might decide it’s not fair and vote for acquittal.
News alert: it’s the jury’s job to decide what’s fair and what’s not fair. It’s not the judge’s, and, contrary to popular wisdom, it’s not the legislature’s. The legislature is the modern stand-in for King John, and it has no more authority over the jury than he did.
Unfortunately, we’ve reached a stage in our history when the people are forced to take back the rights granted by those ancient kings, notably in the form of Amendment A in South Dakota. The so-called “jury nullification” proposal in that state would require judges to tell juries that they’re allowed to interpret the law — not just the facts — so that they can follow their own consciences if they disagree with some concoction of the legislature that shouldn’t be applied to the living, breathing human being set before them.