Appletons' Popular Science Monthly, February 1900: Vol. 56, November, 1899 to April, 1900Various
Science
Appletons' Popular Science Monthly, February 1900: Vol. 56, November, 1899 to April, 1900
Various
Science -- Periodicals; Technology -- Periodicals
[I] This has since been changed; but the change makes the case
worse, as the new instructor in criminal law teaches not
only two branches of the law (as under last year’s course),
but five--viz., Criminal Law, Wills and Administration,
Common-Law Practice and Pleading Bankruptcy, and Bailments
and Carriers.
From the very beginning of his legal career the future lawyer is
made to feel that the field of criminal law is not the one in which
to exercise his best talents. Both the school curriculum and popular
sentiment strengthen this prejudice. To the community at large our
criminal courts have come to mean places where criminals are sentenced
or rogues saved on technicalities; they have ceased to be centers of
justice, where innocent men are saved and guilty men tried according
to the law of the land. Hence has arisen the popular belief (despite
the rule that the accused shall be considered innocent until his guilt
is proved), shared in a measure by the bench and bar, that every
man accused of crime is criminal and depraved, and that, therefore,
contact with him should be avoided. Thus the criminal lawyer, who
necessarily must come in touch with such alleged crime and depravity,
is practically ostracized not only from the community but also from the
civil forum.
The existence of such prejudice against the criminal bar is most
deplorable. Men of ability and position will shun criminal practice,
leaving the field clear to unscrupulous shysters. Let it be remembered
that to a man charged with the commission of a crime and deprived
of his liberty the lawyer appears a savior; that the accused is
practically at his lawyer’s mercy, being under most trying duress and
very easily influenced. The temptation for unprofessional dealing is
here at its highest, because of the manifest advantage of the lawyer
who is able, or whom the client believes to be able, to unlock the
prison doors. It takes men of more than ordinary fiber to persistently
resist such temptation in all its forms. Hence the necessity of upright
and learned men at the criminal bar. But how few are our great criminal
practitioners! How often have I heard lawyers, too young and clientless
to allow themselves preferences, declare most decidedly that they were
willing to do anything “except criminal law”! They had been trained to
look upon it not merely as inferior but as degrading practice. Yet it
is common knowledge that in European countries, where less boast is
made of inalienable rights, it is the ambition of all lawyers to get a
reputation at the criminal bar. It is there, in fact, that reputations
are made.
Public-domain text, read in full here on John Shaqi.
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