Egypt -- Description and travel -- Humor; London (England) -- Description and travel -- Humor; Voyages and travels -- Humor
A good many people do not understand the method of French courts of
law. Take the Dreyfus case, for instance. It has been dragging along
for years, and the more evidence accumulated by Captain Dreyfus to
prove his innocence, the greater seems to be his portion of woe. He
has been vindicated over and over again and the vindications simply
make him more unpopular with those who prefer to regard him as a
mysterious and melodramatic villain.
People living at home have never understood why Captain Dreyfus was
convicted in the first place. That is because they are not familiar
with the workings of a French court and cling to the Anglo-Saxon rule,
that every man must be regarded as innocent until he is proven guilty.
The French say that trials may be greatly simplified if the presumption
of guilt is attached to every defendant in a criminal case. When the
presumption of guilt is combined with a personal unpopularity, the
prisoner usually finds it advisable to throw himself on the mercy of
the court and accept a life sentence.
In order to elucidate the rules of procedure in a French court and show
how and why Captain Dreyfus was convicted, let us suppose that French
methods could be transferred to the United States and applied to an
ordinary criminal case--say the theft of a dog. Here is what would
happen.
The Court--"Prisoner, you are accused of stealing a dog. Are you
guilty or not guilty?"
Prisoner--"Not guilty."
Court--"Well, someone stole a dog, and if you refuse to acknowledge
your guilt, we may be compelled to cast suspicion on gentlemen who
would be deeply pained to have themselves interrogated."
The Prisoner--"How can I acknowledge my guilt when I didn't steal the
dog?"
Court--"That isn't the point. The point is that a great many prominent
and influential people have said at different times that you stole the
dog. Now, if you come before the tribunal and prove that you didn't
steal the dog you are going to humiliate a great many well known and
sensitive persons and make the whole situation very distressing to me.
It would simplify matters greatly if you would admit that you stole the
dog."
The Prisoner--"But how can I admit stealing the dog when I am entirely
innocent?"
The Court--"Did you ever see the dog said to have been stolen?"
Prisoner--"Yes, sir." (Profound sensation.)
Court--"And yet you have the audacity to stand there and say you didn't
steal it?"
Prisoner--"A great many other people saw the dog."
Court--"Perhaps so; but they would make trouble if you or anyone else
began insinuating against them, so I don't propose to have their names
hauled in here. Of all the men who saw the dog and had a chance to
steal it, you are the only one whose conviction would satisfy the
general public."
Prisoner--"I can bring witnesses who saw another man steal the dog. I
can prove that he confessed to stealing the dog and that he has fled to
escape punishment."
Public-domain text, read in full here on John Shaqi.
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