Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
But let us press the history of Jones and Robinson a step further. The
next event in the latter's criminal history is his appearance in
court before a magistrate. Jones produces his evidence and calls his
witnesses. Robinson, through his learned counsel, cross-examines
them and then summons his own witnesses to prove his innocence. The
proceeding may take several days or perhaps weeks. Briefs are submitted.
The magistrate considers the testimony and finally decides that he
believes Robinson guilty and must hold him for the action of the
grand jury. You might now, it would perhaps seem, have some reason for
suspecting that Robinson was not all that he should be. But no! He is
still presumed in the eyes of the law, and theoretically in the eyes of
his fellows, to be as innocent as a babe unborn. And now the grand jury
take up and sift the evidence that has already been gone over by the
police judge. They, too, call witnesses and take additional testimony.
They likewise are convinced of Robinson's guilt and straightway hand
down an indictment accusing him of the crime. A bench warrant issues.
The defendant is run to earth and ignominiously haled to court. But he
is still presumed to be innocent! Does not the law say so? And is not
this a "government of laws"? Finally, the district attorney, who is not
looking for any more work than is absolutely necessary, investigates the
case, decides that it must be tried and begins to prepare it for trial.
As the facts develop themselves Robinson's guilt becomes more and more
clear. The unfortunate defendant is given any opportunity he may desire
to explain away the charge, but to no purpose.
The district attorney knows Robinson is guilty, and so does everybody
else, including Robinson. At last this presumably innocent man is
brought to the bar for trial. The jury scan his hang-dog countenance
upon which guilt is plainly written. They contrast his appearance with
that of the honest Jones. They know he has been accused, held by a
magistrate, indicted by a grand jury, and that his case, after careful
scrutiny, has been pressed for trial by the public prosecutor. Do they
really presume him innocent? Of course not. They presume him guilty. "So
soon as I see him come through dot leetle door in the back of the room,
then I know he's guilty!" as the foreman said in the old story. What
good does the presumption of innocence, so called, do for the miserable
Robinson? None whatever--save perhaps to console him in the long days
pending his trial. But such a legal hypocrisy could never have deceived
anybody. How much better it would be to cast aside all such cant and
frankly admit that the attitude of the continental law toward the man
under arrest is founded upon common sense and the experience of mankind.
If he is the wrong man it should not be difficult for him to demonstrate
the fact. At any rate circumstances are against him, and he should be
anxious to explain them away if he can.
Public-domain text, read in full here on John Shaqi.
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