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
It is quite true that juries, for rather obvious reasons, are more apt
to acquit in murder cases than in others. In the first place, save
where the defendant obviously belongs to the vicious criminal class, a
jury finds it somewhat difficult to believe, unless overwhelming motive
be shown, that he could have deliberately taken another’s life. Thus,
with sound reason, they give great weight to the plea of self-defence
which the accused urges upon them. He is generally the only witness.
His story has to be disproved by circumstantial evidence, if indeed
there be any. Frequently it stands alone as the only account of the
homicide. Thus murder cases are almost always weaker than others, since
the chief witness has been removed by death; while at the same time
the nature of the punishment leads the jury unconsciously to require
a higher degree of proof than in cases where the consequences are
less abhorrent. All this is quite natural and inevitable. Moreover,
homicide cases as a rule are better defended than others, a fact which
undoubtedly affects the result. These considerations apply to all
trials for homicide, notorious or otherwise, the results of which in
New York County for the past ten years are set forth in the following
table:
+------+-------------+------------+-------------+------------+
| YEAR | CONVICTIONS | ACQUITTALS | CONVICTIONS | ACQUITTALS |
| | | | PER CENT | PER CENT |
+------+-------------+------------+-------------+------------+
| 1901 | 25 | 17 | 60 | 40 |
| 1902 | 31 | 11 | 74 | 26 |
| 1903 | 42 | 8 | 84 | 16 |
| 1904 | 37 | 14 | 72 | 28 |
| 1905 | 32 | 13 | 71 | 29 |
| 1906 | 53 | 22 | 70 | 30 |
| 1907 | 39 | 10 | 78 | 22 |
| 1908 | 35 | 17 | 67 | 33 |
| 1909 | 43 | 11 | 80 | 20 |
| 1910 | 45 | 15 | 75 | 25 |
+------+-------------+------------+-------------+------------+
| Total| 382 | 138 | Av. 73 | Av. 27 |
+------+-------------+------------+-------------+------------+
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