The Error of Impartiality
The refusal of the jurors in the Thaw trial to come to an agreement is certainly a somewhat amusing sequel to the frenzied and even fantastic caution with which they were selected. Jurymen were set aside for reasons which seem to have only the very wildest relation to the case—reasons which we cannot conceive as giving any human being a real bias. It may be questioned whether the exaggerated theory of impartiality in an arbiter or juryman may not be carried so far as to be more unjust than partiality itself. What people call impartiality may simply mean indifference, and what people call partiality may simply mean mental activity. It is sometimes made an objection, for instance, to a juror that he has formed some primâ-facie opinion upon a case: if he can be forced under sharp questioning to admit that he has formed such an opinion, he is regarded as manifestly unfit to conduct the inquiry. Surely this is unsound. If his bias is
209
