It is quite true that juries, for rather obvious reasons, are
more apt to acquit in murder cases than in others. In the
first place, save where the defendant obviously belongs to the
vicious criminal class, a jury finds it somewhat difficult to
believe, unless overwhelming motive be shown, that he could
have deliberately taken another's life. Thus, with sound
reason, they give great weight to the plea of self-defence
which the accused urges upon them. He is generally the only
witness. His story has to be disproved by circumstantial
evidence, if indeed there be any. Frequently it stands alone
as the only account of the homicide. Thus murder cases are
almost always weaker than others, since the chief witness has
been removed by death; while at the same time the nature of
the punishment leads the jury unconsciously to require a
higher degree of proof than in cases where the consequences
are less abhorrent. All this is quite natural and inevitable.
Moreover, homicide cases as a rule are better defended than
others, a fact which undoubtedly affects the result.
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