Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
In the Patterson, Thaw, and Molineux cases the evidence, unfortunately,
dealt with unpleasant subjects and at times was revolting, but there was
a quiet propriety in the way in which the witnesses were examined
that rendered it as inoffensive as it could possibly be. Outside the
court-room the vulgar crowd may have spat and sworn; and inside no doubt
there were degenerate men and women who eagerly strained their ears to
catch every item of depravity. But the throngs that filled the courtroom
were quiet and well ordered, and the justified interested outnumbered
the morbid.
The writer deprecates the impulse which leads judges, from a feeling
that justice should be publicly administered, to throw wide the doors
of every courtroom, irrespective of the subject-matter of the trial. We
need have no fear of Star Chamber proceedings in America, and no harm
would be done by excluding from the courtroom all persons who have no
business there.
It is, of course, not unnatural that in the course of a trial occupying
weeks or months the tension should occasionally be relieved by a gleam
of humor. After one has been busy trying a case for a couple of weeks
one goes to court and sets to work in much the same frame of mind in
which one would attack any other business. But the fact that a small
boy sometimes sees something funny at a funeral, or a bevy of giggling
shop-girls may be sitting in the gallery at a fashionable wedding,
argues little in respect to the solemnity or beauty of the service
itself.
What are the celebrated cases--the trials that attract the attention
and interest of the public? In the first place, they are the very cases
which contain those elements most likely to arouse the sympathy and
prejudices of a jury--where a girl has taken the life of her supposed
seducer, or a husband has avenged his wife's alleged dishonor. Such
cases arouse the public imagination for the very reason that every
man realizes that there are two sides to every genuine tragedy of
this character--the legal and the natural. Thus, aside from any other
consideration, they are the obvious instances where justice is most
likely to go astray.
In the next place, the defence is usually in the hands of counsel of
adroitness and ability; for even if the prisoner has no money to pay his
lawyer, the latter is willing to take the case for the advertising he
will get out of it.
Third, a trial which lasts for a long time naturally results in creating
in the jury's mind an exaggerated idea of the prisoner's rights, namely,
the presumption of innocence and the benefit of the reasonable doubt.
For every time that the jury will hear these phrases once in a petty
larceny or forgery case, they will hear them in a lengthy murder trial
a hundred times. They see the defendant day after day, and the relation
becomes more personal. Their responsibility seems greater toward him
than toward the defendant in petty cases.
Public-domain text, read in full here on John Shaqi.
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