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, of course, not unnatural that in the course of a trial occupying
weeks or months the tension should occasionally be relieved by a gleam
of humor. After you have been busy trying a case for a couple of weeks
you go to court and set to work in much the same frame of mind in
which you would attack any other business. But the fact that a small
boy sometimes sees something funny at a funeral, or a bevy of giggling
shop-girls may be sitting in the gallery at a fashionable wedding,
argues little in respect to the solemnity or beauty of the service
itself.
What _are_ the celebrated cases—the trials that attract the attention
and interest of the public? In the first place, they are the very cases
which contain those elements most likely to arouse the sympathy and
prejudices of a jury—where a girl has taken the life of her supposed
seducer, or a husband has avenged his wife’s alleged dishonor. Such
cases arouse the public imagination for the very reason that every
man realizes that there _are_ two sides to every genuine tragedy of
this character—the legal and the natural. Thus, aside from any other
consideration, they are the obvious instances where justice is most
likely to go astray.
In the next place, the defence is usually in the hands of counsel of
adroitness and ability; for even if the prisoner has no money to pay
his lawyer, the latter is willing to take the case for the advertising
he will get out of it.
Third, a trial which lasts for a long time naturally results in
creating in the jury’s mind an exaggerated idea of the prisoner’s
rights, namely, the presumption of innocence and the benefit of the
reasonable doubt. For every time that the jury will hear these phrases
once in a petty larceny or forgery case, they will hear them in a big
murder trial a hundred times. They see the defendant day after day, and
the relation becomes more personal. Their responsibility seems greater
toward him than toward the defendant in petty cases.
Last, as previously suggested, murder cases are apt to be inherently
weaker than others, and more often depend upon circumstantial evidence.
The results of such cases are therefore but a poor test of the
efficiency of a jury system. They are, in fact, the precise cases
where, if at all, the jury might be expected to go wrong.
But juries would go astray far less frequently even in such trials were
it not for that most vicious factor in the administration of criminal
justice—the “yellow” journal. For the impression that public trials
are the scenes of coarse buffoonery and brutality is due to the manner
in which these trials are exploited by the sensational papers.
Public-domain text, read in full here on John Shaqi.
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