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Subject Area: Political Theory
Subject Area: Law

Jury. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 10 (Memoirs Part I and Correspondence) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 10.

Part of: The Works of Jeremy Bentham, 11 vols.

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Jury.

“On the question whether a fact was or was not done, there are three states in which a man’s opinions may be. He may believe that it was done; he may believe that it was not done; or he may find himself unable to believe either one way or the other. The alternative, one sees, is triple. Belief positive on one side; belief positive on the other side: belief negative on both sides, or neutrality. The law, neglecting one branch of it, makes it only double. If, believing the thing was done, a man says he believes it was not done, he says untrue. If not believing it was not done, he says it was not done, he says untrue. If believing it was not done, he says it was done, he says untrue. If not believing it was done, he says it was done, he says untrue. It will often happen that, on a fact proposed, men will find themselves unable to believe either that it was or was not done: they do not believe that it was done; they do not believe that it was not done. These, when upon a Jury, the Law forces to say either that the accused was guilty, viz., that the fact which, having been done by him, makes him guilty, was done by him; or that he was not guilty, viz., that that fact was not done by him. These, therefore, the Law forces to say what is untrue. Is it necessary for the purposes of justice—for the security of the innocent—for the punishment of the malefactor, that men sitting upon their oaths in judgment, shall be forced to say what is untrue? I submit this to the consideration of those whom it concerns.

“How then would you have it attained? Thus the opinions that may be forced are three, let the expressions of these opinions be three. Give to each opinion the liberty of expressing itself. Let those who are satisfied the fact was done, say guilty: those who are satisfied it was not done say, not guilty: those who are not satisfied either that it was, or that it was not done, say “unsatisfied.” It remains to decide the fate of the accused according to the proportion of the number of voices to the respective answers. The conflict lies between those who, on the two opposite sides, have given a positive opinion. The unsatisfied are neuter.

“Caution, that the separate opinion of each be not published. Oath of Secrecy, as to that matter to be taken.

“Make a Table of the possible proportions of the Numbers of Voices to each opinion among twelve people.”

Guilty.Not Guilty.Unsatisfied.Guilty.Not Guilty.Unsatisfied.Guilty.Not Guilty.Unsatisfied.Guilty.Not Guilty.Unsatisfied.
12007414172010
1101750426219
1110606435228
1002615444237
1011624453246
1020633462255
903642471264
912651480273
921660309282
930507318291
8045163272100
8135253361011
8225343451110
831543354129
840552363138
705561372147
714570381156
723408390165

And so to the exhaustion of the opinions of each.