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
A French or Italian criminal trial, therefore, must be approached with
the full understanding that it is a governmental investigation, free
from many of the rules of evidence which Bentham said made the English
procedure “admirably adapted to the exclusion of the truth.” The judge
is charged with the duty of _conducting_ the case. He does all the
questioning. There is no such thing as cross-examination at all in our
sense, that is to say, a partisan examination to show that the witness
is a liar. The judge is there for the purpose of determining that
question so far as he can, and the jury are not compelled to listen to
days of monotonous interrogation during which the witness is obliged
to repeat the same evidence over and over again, and testify as to the
most minute details, under the dawdling of lawyers paid by the day, who
not only “take time, but trespass upon eternity.”
Such a trial is conducted very much as if the judge were a private
individual who had discovered that one of his employees had been guilty
of a theft and was trying to ascertain the identity of the guilty
party. Practically anything tending to shed light upon the matter is
acceptable as evidence, and the suspected person is regarded as the
most important witness that can be procured. Finally, and in natural
course, comes the confronting of accuser and accused.
Then fellow-servant on the one hand, or formal accuser upon the other,
steps forward, and they go at it “hammer and tongs,” revealing to their
master, the public, or the jury, the very bottom of their souls; for no
man, least of all an Italian, can engage an antagonist in debate over
the question of his own guilt without disclosing exactly what manner of
man he is.
With these preliminary considerations upon the fundamental distinction
between the Latin and the Anglo-Saxon criminal procedure, and without
discussing which theory, on general principles, is best calculated to
arrive at a definite and effective conclusion as to the guilt of an
accused, let us enter the ancient Church of San Francesco at Viterbo,
and listen for a moment to the trial of the thirty-six members of the
Neapolitan Camorra.
Public-domain text, read in full here on John Shaqi.
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