Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
Panel after panel may be exhausted before a jury in a great murder
trial has been selected, for each side in addition to its challenges
for "cause" or "bias" has thirty* peremptory ones which it may exercise
arbitrarily. If the writer's recollection is not at fault, the large
original panel drawn in the first Molineux trial was used up and
several others had to be drawn until eight hundred talesmen had been
interrogated before the jury was finally selected. It is usual to
examine at least fifty in the ordinary murder case before a jury is
secured.
* In the State of New York.
It may seem to the reader that this scrutiny of talesmen is not strictly
preparation for the trial, but, in fact, it is fully as important
as getting ready the facts themselves; for a poor jury, either from
ignorance or prejudice, will acquit on the same facts which will lead
a sound jury to convict. A famous prosecutor used to say, "Get your
jury--the case will take care of itself."
But as the examination of the panel and the opening address come last
in point of chronology it will be well to begin at the beginning and
see what the labors of the prosecutor are in the initial stages of
preparation. Let us take, for example, some notorious case, where an
unfortunate victim has died from the effects of a poisoned pill or
draught of medicine, or has been found dead in his room with a revolver
bullet in his heart. Some time before the matter has come into the hands
of the prosecutor, the press and the police have generally been doing
more or less (usually less) effective work upon the case. The yellow
journals have evolved some theory of who is the culprit and have loosed
their respective reporters and "special criminologists" upon him. Each
has its own idea and its own methods--often unscrupulous. And each has
its own particular victim upon whom it intends to fasten the blame.
Heaven save his reputation! Many an innocent man has been ruined for
life through the efforts of a newspaper "to make a case," and, of
course, the same thing, though happily in a lesser degree, is true of
the police and of some prosecutors as well.
In every great criminal case there are always four different and
frequently antagonistic elements engaged in the work of detection and
prosecution--first, the police; second, the district attorney; third,
the press; and, lastly, the personal friends and family of the deceased
or injured party. Each for its own ends--be it professional pride,
personal glorification, hard cash, or revenge--is equally anxious to
find the evidence and establish a case. Of course, the police are the
first ones notified of the commission of a crime, but as it is now
almost universally their duty to inform at once the coroner and also
the district attorney thereof, a tripartite race for glory frequently
results which adds nothing to the dignity of the administration of
criminal justice.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account