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
Coincidently, some private detectives enter with a long report on
the various members of the panel, including the aforesaid Tomkins,
whom they pronounce to be “all right,” and as never having, to
their knowledge, laid eyes on the accused. Finally, in despair, the
prosecutor locks himself in his library with a copy of the Bible,
“Bartlett’s Familiar Quotations,” and a volume of celebrated speeches,
to prepare his summing up, for no careful trial lawyer opens a case
without first having prepared, to some extent, at least, his closing
address to the jury. He has thought about this for weeks and perhaps
for months. In his dreams he has formulated syllogisms and delivered
them to imaginary yet obstinate talesmen. He has glanced through many
volumes for similes and quotations of pertinency. He has tried various
arguments on his friends until he knows just how, _if_ he succeeds in
proving certain facts and the defence expected _is_ interposed, he is
going to convince the twelve jurors that the defendant is guilty and,
perhaps, win an everlasting reputation as an orator himself.
This superficial sketch of how an important criminal case is got
ready for trial would be incomplete without some further reference to
something which has been briefly hinted at before—preparation upon
its purely legal aspect. This may well demand almost as much labor as
that required in amassing the evidence. Yet a careful and painstaking
investigation of the law governing every aspect of the case is
indispensable to success. The prosecutor with a perfectly clear case
may see the defendant walk out of court a free man, simply because he
has neglected to acquaint himself with the various points of law which
may arise in the course of the trial, and the lawyer for an accused
may find his client convicted upon a charge to which he has a perfectly
good legal defence, for the same reason.
Looking at it from the point of view of the prisoner’s counsel, it is
obvious that it is quite as efficacious to free your client on a point
of law, without having the case go to the jury at all, as to secure an
acquittal at their hands.
At the conclusion of the evidence introduced in behalf of the State
there is always a motion made to dismiss the case on the ground of
alleged insufficiency in the proof. This has usually been made the
subject of the most exhaustive study by the lawyers for the defence,
and requires equal preparation on the part of the prosecutor. The
writer recalls trying a bankrupt, charged with fraud, where the lawyer
for the defendant had written a brief of some three hundred pages upon
the points of law which he proposed to argue to the court upon his
motion to acquit. But, unfortunately, his client pleaded guilty and the
volume was never brought into play.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account