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 popular impression exists at the present time that a man convicted of
murder has but to appeal his case on some technical ground in order to
secure a reversal, and thus escape the consequences of his crime. How
wide of the mark such a belief may be, at least so far as one locality
is concerned, is shown by the fact that in New York State, from 1887 to
1907, there were 169 decisions by the Court of Appeals on appeals from
convictions of murder in the first-degree, out of which there were only
twenty-nine reversals. Seven of these defendants were again immediately
tried and convicted, and a second time appealed, upon which occasion
only two were successful, while five had their convictions promptly
affirmed. Thus, so far as the ultimate triumph of justice is concerned,
out of 169 cases in that period the appellants finally succeeded in
twenty-two only.
Since 1902 there have been twenty-seven decisions rendered in
first-degree murder cases by the Court of Appeals, with _only three
reversals_.[4] The more important convictions throughout the State are
affirmed with great regularity.
As to the conduct of such cases, the writer’s own experience is that
a murder trial is the most solemn proceeding known to the law. He has
prosecuted at least fifty men for murder, and convicted more than he
cares to remember. Such trials are invariably dignified and deliberate
so far as the conduct of the legal side of the case is concerned. No
judge, however unqualified for the bench; no prosecutor, however
light-minded; no lawyer, however callous, fails to feel the serious
nature of the transaction or to be affected strongly by the fact that
he is dealing with life and death. A prosecutor who openly laughed or
sneered at a prisoner charged with murder would severely injure his
cause. The jury, naturally, are overwhelmed with the gravity of the
occasion and the responsibility resting upon them.
In the Patterson, Thaw, and Molineux cases the evidence, unfortunately,
dealt with unpleasant subjects and at times was revolting, but there
was a quiet propriety in the way in which the witnesses were examined
that rendered it as inoffensive as it could possibly be. Outside the
court-room the vulgar crowd may have spat and sworn; and inside no
doubt there were degenerate men and women who eagerly strained their
ears to catch every item of depravity. But the throngs that filled
the court-room were quiet and well ordered, and the merely curious
outnumbered the morbid.
The writer deprecates the impulse which leads judges, from a feeling
that justice should be publicly administered, to throw wide the doors
of every court-room, irrespective of the subject-matter of the trial.
We need have no fear of Star Chamber proceedings in America, and no
harm would be done by excluding from the court-room all persons who
have no business at a trial.
Public-domain text, read in full here on John Shaqi.
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