《乌合之众·第三编·不同群体的分类与描述·刑事陪审团》第5节
The chief concern of a good counsel should be to work upon the feelings of the jury, and, as with all crowds, to argue but little, or only to employ rudimentary modes of reasoning. An English barrister, famous for his successes in the assize courts, has well set forth the line of action to be followed:-- "While pleading he would attentively observe the jury. The most favourable opportunity has been reached. By dint of insight and experience the counsel reads the effect of each phrase on the faces of the jurymen, and draws his conclusions in consequence. His first step is to be sure which members of the jury are already favourable to his cause. It is short work to definitely gain their adhesion, and having done so he turns his attention to the members who seem, on the contrary, ill-disposed, and endeavours to discover why they are hostile to the accused. This is the delicate part of his task, for there may be an infinity of reasons for condemning a man, apart from the sentiment of justice." These few lines resume the entire mechanism of the art of oratory, and we see why the speech prepared in advance has so slight an effect, it being necessary to be able to modify the terms employed from moment to moment in accordance with the impression produced.
注释摘要
勒庞在这段文字里将此前分析群体心理的一般原则直接套用到刑事陪审团身上，从而得出一个极为明确的结论：律师的首要任务不是向陪审团展开缜密的法律推理，而是去“工作”于他们的情感。他借一位英国巡回法庭律师的经验，把这个结论落实为一套细致入微的临场策略。律师要像读仪表一样观察陪审员的面孔，从每一句话造成的瞬间表情变化里推断他们的内心倾向；先稳住那些已经流露好感的陪审…