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
For a month before the trial, or whenever it may be that the jury has
been drawn, every member upon the panel has been subjected to an unseen
inquisitorial process. The prosecutor, through his own or through
hired sleuths, has studied with microscopic care the family history,
the business standing and methods, the financial responsibility, the
political and social affiliations, and the personal habits and “past
performances” of each and every talesman. When at the beginning of the
trial they, one by one, take the witness-chair (on what is called the
_voir dire_) to subject themselves to an examination by both sides
as to their fitness to serve as jurors in the case, the district
attorney probably has close at hand a rather detailed account of each,
and perchance has great difficulty in restraining a smile when some
prospective juror, in his eagerness either to serve or to escape,
deliberately equivocates in answer to an important question as to his
personal history.
“Are you acquainted with the accused or his family?” mildly inquires
the assistant prosecutor.
“No—not at all,” the talesman may blandly reply.
The answer, perhaps, is literally true, and yet the prosecutor may
be pardoned for murmuring “Liar!” to himself as he sees that his
memorandum concerning the juror’s qualifications states that he belongs
to the same “lodge” with the prisoner’s uncle by marriage and carries
an open account on his books with the defendant’s father.
“I think we will excuse Mr. Ananias,” politely remarks the prosecutor;
then in an undertone he turns to his chief and mutters: “The old
rascal! He would have knifed us into a thousand pieces if we’d given
him the chance!” And all this time the disgruntled Mr. Ananias is
wondering why, if he _didn’t_ “know the defendant or his family,” he
was not accepted as a juror.
Of course, every district attorney has, or should have, pretty good
information as to each talesman’s actual capabilities as a juror and
something of a record as to how he has acted under fire. If he is a
member of the “special” panel, it is easy to find out whether he has
ever acquitted or convicted in any _cause celèbre_, and if he has
acquitted any plainly guilty defendant in the past it is not likely
that his services will be required. If, however, he has convicted in
such a case the district attorney may try to lure the other side into
accepting him by making it appear that he himself is doubtful as to the
juror’s desirability. Sometimes persons accused of crime themselves,
and actually under indictment, find their way onto the panels, and more
than one ex-convict has appeared there in some inexplicable fashion.
But to find them out may well require a double shift of men working day
and night for a month before the case is called, and what may appear
to be the most trivial fact thus discovered may in the end prove the
decisive argument for or against accepting the juror.
Public-domain text, read in full here on John Shaqi.
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