Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
By all odds the greatest abuse in criminal trials lies in the open
disregard of professional ethics on the part of lawyers who deliberately
supply of themselves, in their opening and closing addresses to the
jury, what incompetent bits of evidence, true or false, they have not
been able to establish by their witnesses. There is no complete cure for
this, for even if the judge rebukes the lawyer and directs the jury to
disregard what he has said as "not being in the evidence," the damage
has been done, the statement still lingering in the jury's mind without
any opportunity on the part of the prosecutor to disprove it. There is
no antidote for such jury-poison. A shyster lawyer need but to keep his
client off the stand and he can saturate the jury's mind with any
facts concerning the defendant's respectability and history which
his imagination is powerful enough to supply. On such occasions an
ex-convict with no relatives may become a "noble fellow, who, rather
than have his family name tainted by being connected with a criminal
trial, is willing to risk even conviction"--"a veteran of the glorious
war which knocked the shackles from the slave"--"the father of nine
children"--"a man hounded by the police." The district attorney may
shout himself hoarse, the judge may pound his gavel in righteous
indignation, the lawyer may apologize because in the zeal with which
he feels inspired for his client's cause he perhaps (which only makes
matters worse) has overstepped the mark--but some juryman may suppose
that, after all, the prisoner is a hero or nine times a father.
There is one notorious attorney who poses as a philanthropist and who
invariably promises the jury that if they acquit his client he will
personally give him employment. If he has kept half of his promises
he must by this time have several hundred clerks, gardeners, coachmen,
choremen and valets.
In like manner attorneys of this feather will deliberately state to the
jury that if the defendant had taken the stand he would have testified
thus and so; or that if certain witnesses who have not appeared (and who
perhaps in reality do not exist at all) had testified they would
have established various facts. Such lawyers should be locked up or
disbarred; courts are powerless to negative entirely their dishonesty in
individual cases.
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