Courts, Criminals and the CamorraTrain, Arthur Cheney
History
Courts, Criminals and the Camorra
Train, Arthur Cheney
Camorra; Criminals -- United States; Justice, Administration of -- United States
The district attorney knows Robinson is guilty, 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? Not much! They presume him _guilty_. And if
by any chance Robinson puts in any defence, they require him, as a
practical matter, to prove himself innocent. “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
ready to explain them away if he can.
The fact of the matter is, that in dealing with practical conditions,
police methods differ very little in different countries. The
authorities may perhaps keep considerably more detailed and obvious
“tabs” on us in Germany and Russia than in the United States, but if we
are once caught in a compromising position we experience about the same
treatment wherever we happen to be. In France (and how the apostles
of liberty condemn the iniquity of the administration of criminal
justice in that country!) the suspect or undesirable receives a polite
official call or note, in which he is invited to leave the locality as
soon as convenient. In New York he is arrested by a plain-clothes man,
yanked down to Mulberry Street for the night, and next afternoon is
thrust down the gangplank of a just departing Fall River liner. Many an
inspector (without mentioning names) has earned unstinted praise (even
from the _New York Evening Post_) by “clearing New York of crooks”
or having a sort of “round-up” of suspicious characters whom, after
proper identification, he has ejected from the city by the shortest and
quickest possible route. Yet in the case of every person thus arrested
and driven out of the town he has undoubtedly violated constitutional
rights and taken the law into his own hands. What crimes are committed
in the name of law, O Liberty!
Public-domain text, read in full here on John Shaqi.
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