The praises which are so lavishly bestowed upon our criminal law may
be, to a great extent, just; but it is to be doubted whether they
are altogether judicious. It is true, that in no other system of
jurisprudence throughout the civilised world, or among the nations
of antiquity, has there existed, or is there so tender a regard for
the rights of the accused. In Germany, the wretch who falls under
suspicion of the law is subjected to a tedious and inquisitorial
examination, with a view to elicit from his own lips the proof, and
even the confession of guilt. This mental torture, not to speak
of the imprisonment of the body, may be protracted for years, and
even for life. In France, the facts connected with an offence are
published by authority, and circulated throughout the country,
to be greedily devoured by innumerable lovers of unwholesome
excitement; and not the simple facts alone, but a thousand
incidental circumstances connected with the transaction, together
with the birth, parentage, and education, and all the previous
life of the supposed offender, making in the whole a romance of
considerable interest, and possessing an attraction beyond the
ordinary tales which fill the _feuilleton_ of a newspaper. In
England, the position of the accused is widely different. We avoid
the errors and the tyranny of our neighbours; but have we not fallen
into the opposite extreme? Our magistrates scrupulously caution
prisoners not to say any thing that may criminate themselves. Every
thing that authority can effect by means of advice, which, under
the circumstances, is equivalent to command, is carefully brought
forward to prevent a confession. And if, in spite of checks,
warnings, and commands, the accused, overcome by the pangs of
conscience, and urged by an irresistible impulse to disburden his
soul of guilt, should perchance confess, the testimony is sometimes
rejected upon some technical point of law, which would seem to have
been established for the express purpose of defeating the ends
of justice. Indeed, the technicalities which surround our legal
tribunals have been, until very lately, and are still, in too many
instances, most strangely favourable to the escape of criminals.
The idlest quibbles, most offensive to common sense, and utterly
disgraceful in a court of criminal investigation, have at various
times been allowed as valid pleas in defence of the most palpable
crimes. Many a thief has escaped, on the ground of some slight and
immaterial misdescription of the stolen article, such as a horse
instead of a mare, a cow instead of an ox, a sheep for a ewe, and
so on. True, these absurdities exist no longer; but others still
remain, less ridiculous perhaps, but not less obstructive of the
course of justice, and quite as pernicious in their example. Great
and beneficial changes have been effected in the criminal code, and
too much praise cannot be bestowed upon Sir Robert Peel for his
exertions in this behalf.
Public-domain text, read in full here on John Shaqi.
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