But it was in another class of cases that I proved of greatest utility
to the judges. A large proportion of the prisoners plead guilty,
without demanding a trial. If the whole matter is thrashed out before a
jury, the trial judge hears all the evidence and so gets some idea of
the motives of the crime, of the personality and environment of the
accused. But when a prisoner pleads guilty, practically no details come
out in court and unless the judge has some special investigation made he
must impose sentence at haphazard. Ryan, almost always asked me to look
into such cases. The other judges—with the exception of O’Neil—did so
frequently. I would visit the prisoner in his cell and get his story,
listen to what the police had to say, and then make a personal
investigation to settle disputed points.
As time went on Ryan came to rely more and more on my judgment. He
felt, I think, that I was honest; that I could not be bribed and that I
was more likely to err on the side of mercy than otherwise. His easy
going kindliness was satisfied with this and he was only too glad to let
his responsibilities slip on to my shoulders. In the last years before
he was elevated to the Supreme Court, he practically let me sentence
most of his men. Except in the cases where political influences
intervened, my written reports determined the prisoner’s fate.
Of course I had to manage his susceptibilities. If I had presumed to
suggest definitely what sentence he should impose he would have taken
offense. He was very sensitive about his dignity. But I worked out a
formal phraseology which did not ruffle his pride and accomplished what
I intended. After stating the facts of the case I would end up with a
sort of code phrase. If I wanted the judge to give the man another
chance under a suspended sentence, I would say: "Under the
circumstances, I believe that the defendant is deserving the utmost
leniency. I am convinced that the arrest and the imprisonment which he
has already suffered have taught him a salutary lesson which he will
never forget." From that as the circumstances warranted I could go to
the other extreme: "During my investigation of this case, which has been
seriously limited because of lack of time, I have been able to find very
little in this man’s favor."
Every time I had to present such a report as this I felt defeated. It
meant that the prisoner was an old offender, hardened to a life of
professional crime. And that I could see no hope of reformation. But
if I had not accepted such defeats, when circumstances compelled them,
the judges would very quickly have lost confidence in my pleas for
mercy.
Public-domain text, read in full here on John Shaqi.
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