Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
In general, however, women's testimony differs little in quality
from that of men, all testimony being subject to the same three great
limitations irrespective of the sex of the witness, and the conclusions
set forth above are merely the result of an effort on the part of the
writer to comment somewhat upon those small differences which, under
close scrutiny, may fairly be said to exist. These differences are quite
as noticeable at the breakfast-table as in the court-room; and are
no more patent to the advocate than to the ordinary male animal whose
forehead habitually reddens when he hears the unanswerable reason which,
in default of all others, explains and glorifies the mental action of
his wife, sister or mother: "Just because!"
AS COMPLAINANTS AND DEFENDANTS
The ratio of women to men indicted and tried for crime is, roughly,
about one to ten. Could adequate statistics be procured, the proportion
of female to male complainants in criminal cases would very likely prove
to be about the same: In a very substantial proportion, therefore, of
all prosecutions for crime a woman is one of the chief actors. The law
of the land compels the female prisoner to submit the question of
her guilt or innocence to twelve individuals of the opposite sex; and
permits the female complainant to rehearse the story of her wrongs
before the same collection of colossal intellects and adamantine hearts.
The first thing the ordinary woman hastens to do if she be summoned to
appear in a court of justice is not, as might be expected, to think over
her testimony or try to recall facts obliterated or confused by time,
but to buy a new hat; and precisely the same thing is true of the female
defendant called to the bar of justice, whether it be for stealing a
pair of gloves or poisoning her lover.
Yet how far does the element of sex defeat the ends of justice? To
answer this question it is necessary to determine how far juries are
liable to favor the testimony of a woman plaintiff merely because she
is a woman, and how far sympathy for a woman arraigned as a prisoner is
likely to warp their judgment.
As to the first, it is fairly safe to say that a woman is much more
likely to win a verdict in a civil court or to persuade the jury
that the prisoner is guilty in a criminal case than a man would be in
precisely similar circumstances. In most criminal prosecutions for the
ordinary run of felonies little injustice is likely to result from this.
There is one exception, however, where juries should reach conclusions
with extreme caution, namely, where certain charges are brought by women
against members of the opposite sex.
Here the jury is apt to leap to a conclusion, rendered easy by the
attractiveness of the witness and the feeling that the defendant is a
"cur anyway," and ought to be "sent up."
Public-domain text, read in full here on John Shaqi.
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