All Things Considered
one of interest, of class, or creed, or notorious propaganda, then that fact certainly proves that he is not an impartial arbiter. But the mere fact that he did form some temporary impression from the first facts as far as he knew them—this does not prove that he is not an impartial arbiter—it only proves that he is not a cold-blooded fool.
If we walk down the street, taking all the jurymen who have not formed opinions and leaving all the jurymen who have formed opinions, it seems highly probable that we shall only succeed in taking all the stupid jurymen and leaving all the thoughtful ones. Provided that the opinion formed is really of this airy and abstract kind, provided that it has no suggestion of settled motive or prejudice, we might well regard it not merely as a promise of capacity, but literally as a promise of justice. The man who took the trouble to deduce from the police reports would probably be the man who would take the trouble to deduce further and different things from the evidence. The man who had the sense to form an opinion would be the man who would have the sense to alter it.
It is worth while to dwell for a moment on this minor aspect of the matter because the error about impartiality and justice is by no means confined to a criminal question. In much more
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