A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
The administration of criminal law by the United States Courts deals
chiefly with the trial of persons accused of murder on the high
seas, counterfeiting, forgery, smuggling or postal frauds,
defaulting bank officials and, very lately, corporation managers
charged with favoritism in freight rates, or with the maintenance of
monopolies affecting interstate commerce. Throughout the length and
breadth of the land it is prompt, thoroughly dignified, vigorous and
fair; indeed, its excellence, as a whole, suffers little if at all
by comparison with the best English standards, which have been
perfected only by centuries of experience in the highly concentrated
population of a small Island.
But turning to the individual States, all comparisons must depend
upon locality. New York, the landing place, that threshold of real
America, with a predominating foreign population; the western
frontiers of civilization, and the South, with its peculiar racial
conditions, suffer by comparison with British standards far more
than would one of the orderly communities composing the greater part
of the Republic.
Recent mal-administration of criminal law in New York constitutes a
subject of national mortification, but the existence of this
sensitiveness is the best of reasons for believing that time will
bring an improvement. Unfortunately for the good name of the
country, foreigners do not comprehend, and can hardly be made to
appreciate, that the instances of private assassination in that city
followed by trials, which, whether owing to a vicious system of
practice or to judicial incompetency, excite the indignation and
ridicule of the world, are not typical of America but are
expressions of purely local and probably temporary conditions.
Foreign critics should be told that New York is not America, as
many of them assume, and that temporary and local lapses do not
prove a low standard. They may also be reminded, as showing that
human justice is fallible, that even in London if a man walks into
an Oxford Street department store, lies in wait for the proprietor
against whom he has a grievance and blows out his brains, although
he will be convicted in a trial occupying but three hours, yet the
Home Secretary may intervene and prevent his hanging, upon a
petition signed by tens of thousands of sentimentalists moved by the
rather illogical fact that his wife contemplates an addition to a
thus celebrated family.
Public-domain text, read in full here on John Shaqi.
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