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
on suspicion” were not permitted, demanded by the public, and required
by the police ordinances, away would go the crooks and off would go
the silverware, the town would be full of “leather snatchers” and
“strong arm men,” respectable citizens would be afraid to go out o’
nights, and liberty would degenerate into license. That is the point.
We Americans, or at least the newer ones of us, have a fixed idea that
“liberty” means the right to steal apples from our neighbor’s orchard
without interference. Now, somewhere or other, there has got to be a
switch and a strong arm to keep us in order, and the switch and arm
must not wait until the apples are stolen and eaten before getting
busy. If we come climbing over the fence sweating apples at every pore,
is Farmer Jones to go and count his apples before grabbing us?
The most presumptuous of all presumptions is this “presumption of
innocence.” It really doesn’t exist, save in the mouths of judges and
in the pages of law books. Yet as much to-do is made about it as if
it were a living legal principle. Every judge in a criminal case is
required to charge the jury in form or substance somewhat as follows:
“The defendant is presumed to be innocent until that presumption is
removed by competent evidence.”... “This presumption is his property,
remaining with him throughout the trial and until rebutted by the
verdict of the jury.”... “The jury has no right to consider the
fact that the defendant stands at the bar accused of a crime by an
indictment found by the grand jury.” Shades of Sir Henry Hawkins! Does
the judge expect that they are actually to swallow _that_? Here is a
jury sworn “to a true verdict find” in the case of an ugly looking
customer at the bar who is charged with knocking down an old man and
stealing his watch. The old man—an apostolic looking octogenarian—is
sitting right over there where the jury can see him. One look at the
plaintiff and one at the accused and the jury may be heard to mutter,
“He’s _guilty_,—all right!”
“Presumed to be innocent?” Why, may I ask? Don’t the jury and everybody
else know that this good old man would never, save by mistake, accuse
anybody falsely of crime? Innocence! Why, the natural and inevitable
presumption is that the defendant is _guilty_! The human mind works
intuitively by comparison and experience. We assume or presume with
considerable confidence that parents love their children, that all
college presidents are great and good men, and that wild bulls are
dangerous animals. We may be wrong. But it is up to the other fellow
to show us the contrary.
Public-domain text, read in full here on John Shaqi.
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