Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
To begin at the beginning, whenever a person has been arrested, charged
with crime, and has secured a criminal lawyer to defend him, the first
move of the latter is naturally to try and nip the case in the bud by
inducing the complaining witness to abandon the prosecution. In a vast
number of cases he is successful. He appeals to the charity of the
injured party, quotes a little of the Scriptures and the "Golden Rule,"
pictures the destitute condition of the defendant's family should he be
cast into prison, and the dragging of an honored name in the gutter if
he should be convicted. Few complainants have ever before appeared in a
police court, and are filled with repugnance at the rough treatment of
prisoners and the suffering which they observe upon every side. After
they have seen the prisoner emerge from the cells, pale, hollow-eyed,
bedraggled, and have beheld the tears of his wife and children as they
crowd around the husband and father, they begin to realize the horrible
consequences of a criminal prosecution and to regret that they ever took
the steps which have brought the wrong-doer where he is. The district
attorney had not yet taken up the case; the prosecution up to this point
is of a private character; there are loud promises of "restitution" and
future good behavior from the defendant, and the occasion is ripe for
the lawyer to urge the complainant to "temper justice with mercy" and
withdraw "before it be too late and the poor man be ruined forever."
If the complainant is, however, bent on bringing the defendant to
justice and remains adamantine to the arguments of the lawyer and
the tears of the defendant's family connections, it remains for the
prisoner's attorney to endeavor to get the case adjourned "until matters
can be adjusted"--to wit, restitution made if money has been stolen,
or doctors' bills paid if a head has been cracked, with perhaps another
chance of "pulling off" the complainant and his witnesses. Failing in
an attempt to secure an adjournment, two courses remain open: first, to
persuade the court that the matter is a trivial one arising out of petty
spite, is all a mistake, or that at best it is a case of "disorderly
conduct" (and thus induce the judge to "turn the case out" or inflict
some trifling punishment in the shape of a fine); or, second, if it be
clear that a real crime has been committed, to clamor for an immediate
hearing in order, if it be secured, to subject the prosecution's
witnesses to a most exhaustive cross-examination, and thus get a clear
idea of just what evidence there is against the accused.
Public-domain text, read in full here on John Shaqi.
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