A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
In favor of the practice of asking witnesses for conclusions--a
practice which many American lawyers have found invalidates parts of
testimony taken in England for use here--much may be said. To ask a
witness the mental attitude of a person, whom he heard talking a
year before--whether he was angry, or joking, for example--is to ask
an answerable question; but to require him to repeat the exact
words, is to demand an impossibility. In replying to either form of
inquiry the witness may be honest or the reverse, so that the
chances of intentional misinformation are equally balanced, but an
attempt at verbatim repetition nearly always requires, consciously
or unconsciously, a draft upon the imagination. It seems that our
rules of evidence in this regard might, perhaps, be cautiously
relaxed with advantage, to accord more with practical experience.
An English criminal trial is quick, simple and direct. Dhingra, for
example, whose crime was committed on July first, was sentenced on
the twenty-first of that month and was hanged on August
seventeenth--all in forty-seven days. The simplicity and directness
of such trials is due to the absence of irrelevant testimony and
imaginative arguments; these, counsel scarcely ever attempt to
introduce--so certain is their exclusion by the judge. Thus, the
real object of all punishment--its deterrent effect upon others--is
greatly enhanced because it is swift and sure. The public, moreover,
are usually spared the scandal and demoralizing effects of
prolonged, spectacular and sensational trials.
Until a short time ago any person convicted in an English court was
without appeal--the rulings and sentence of a single judge were
final--but this manifest injustice has lately been cured by a law
granting the right of appeal. It is too soon to estimate the effect
of this change, but the prediction may be ventured that the ancient
habit of regarding criminal judgments as conclusive, together with
the saving common sense which characterizes all English courts,
will probably prevent any radical departure from the present
methods, which have much to commend them.
Comparison with American conditions is most difficult because,
besides the United States courts extending for certain purposes over
the whole country, there are forty-six absolutely separate
sovereignties whose administration of criminal law, unless in
conflict with the Constitution of the United States, is as
independent of the rest of the world as that of an empire.
Consequently, while differences exist in methods and results, the
remarkable fact is that they are, upon the whole, so similar, when
only a common tradition and a fairly homogeneous public opinion
serve to keep them from drifting in diverse directions.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account