If his bias is 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.
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