Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
To return to the legal side of the matter, which has numerous less
notorious parallels, Crippen had been found guilty of the wilful murder
of his wife in the coroner’s court, though he had not yet been tried
by any jury qualified by law to convict him of the crime. To point
out a further anomaly, _i.e._, the fiction that an accused person is
assumed to be innocent until proved guilty, it may be argued that up
to the time of his trial at the Central Criminal Court, Crippen was
technically an innocent man, though he had already been found guilty
of wilful murder by an unauthorised body of jurors! Such a hopelessly
inconsistent state of affairs is grotesque in this country which
is held up as a pattern of justice and legal perfection generally.
Of course, in the Crippen case there was no sort of doubt whatever
as to the accused’s guilt; the case is here quoted because it may
be fresher in the public mind than many other cases, which portray
similarly anomalous features. At some trials, jurors are subjected to
downright inconvenience with a view to preventing their contact with
prejudicial persons or prints. In the Crippen case, the members of the
Old Bailey jury may reasonably have been expected to see newspaper
reports dealing with the verdict of the coroner’s jury. If they did
so read the information contained in these reports, they knew that
Crippen had already been _found guilty_ of the wilful murder of his
wife, Cora Crippen, a crime for which they were about to try him. Truly
enough, Crippen was convicted of murder at the Old Bailey, on evidence
of a remarkably satisfactory character, taking into consideration the
complexity of the original clues. But though this is in fact the case,
there is no gainsaying the grossness of the system which permits a man
to be publicly found guilty of a terrible offence for which he has not
yet even been tried.
The coroner’s jury’s verdict of “wilful murder” should be relegated to
ancient history in these practical times when precision and definity
rule all things. A coroner’s office gains no lustre by submitting its
holder to the satirical function of hearing verdicts which are not
verdicts in law or practice, but which, nevertheless, are liable to
confuse the ignorant mind and to do harm where good is intended. It
should be remembered that jurors are not as a rule drawn from a class
of original thinkers, persons, that is to say, who are intellectually
trained to discriminate--to judge for themselves. Even if they were,
the existing custom of allowing a murder verdict to be returned before
a case goes for trial is both prejudicial and improper.
FOOTNOTES
[28] See Appendix D.
[29] Some such scheme appears to have been adopted since this chapter
was written.
[30] “No fewer than four persons were charged at Marylebone
police-court this afternoon with attempted suicide.
“The first was a domestic servant, who was found lying in the road,
having taken poison.
Public-domain text, read in full here on John Shaqi.
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