Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
Last, as previously suggested, murder cases are apt to be inherently
weaker than others, and more often depend upon circumstantial evidence.
The results of such cases are therefore an inadequate test of the
efficiency of a jury system. They are, in fact, the precise cases where,
if at all, the jury might be expected to go wrong.
But juries would go astray far less frequently even in such trials were
it not for that most vicious factor in the administration of criminal
justice--the "yellow" journal. For the impression that public trials
are the scenes of buffoonery and brutality is due to the manner in which
these trials are exploited by the sensational papers.
The instant that a sensational homicide occurs, the aim of the editors
of these papers is--not to see that a swift and sure retribution is
visited upon the guilty, or that a prompt and unqualified vindication is
accorded to the innocent, but, on the contrary, so to handle the matter
that as many highly colored "stories" as possible can be run about it.
Thus, where the case is perfectly clear against the prisoner, the
"yellow" press seeks to bolster up the defence and really to justify
the killing by a thinly disguised appeal to the readers' passions. Not
infrequently, while the editorial page is mourning the prevalence of
homicide, the front columns are bristling with sensational accounts of
the home-coming of the injured husband, the heartbreaking confession of
the weak and erring wife, and the sneering nonchalance of the seducer,
until a public sentiment is created which, if it outwardly deprecates
the invocation of the unwritten law, secretly avows that it would have
done the same thing in the prisoner's place.
This antecedent public sentiment is fostered from day to day until it
has unconsciously permeated every corner of the community. The juryman
will swear that he is unaffected by what he has read, but unknown to
himself there are already tiny furrows in his brain along which the
appeal of the defence will run.
In view of this deliberate perversion of truth and morals, the
euphemisms of a hard-put defendant's counsel when he pictures a chorus
girl as an angel and a coarse bounder as a St. George seem innocent
indeed. It is not within the rail of the courtroom but within the pages
of these sensational journals that justice is made a farce. The phrase
"contempt of court" has ceased practically to have any significance
whatever. The front pages teem with caricatures of the judge upon the
bench, of the individual jurors with exaggerated heads upon impossible
bodies, of the lawyers ranting and bellowing, juxtaposed with sketches
of the defendant praying beside his prison cot or firing the fatal shot
in obedience to a message borne by an angel from on high.
Public-domain text, read in full here on John Shaqi.
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