Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
In like manner, in criminal cases the real cause of delay in nearly
every case is the failure or inability of prosecuting officers to press
their cases diligently; and the frequent change in the personnel of our
officeholders is likewise a cause of much delay. Whenever one official
succeeds another, the period during which the new incumbent is learning
what occurred before he came into office and familiarizing himself
with the pending cases is so much time lost. Greater permanency in the
tenure of office of prosecuting officers would probably conduce to
greater speed and greater efficiency in the enforcement of the law. Nor
can it be doubted that many public officials and their assistants do
not feel the same degree of responsibility for the prompt dispatch of
public business that they would feel if representing private clients.
The remarks of Mr. Justice Scott in the recent case of People _vs._
Turley are indeed timely, and should be commended to the attention of
all prosecuting officers throughout the state. He used the following
language: "There is much well-justified complaint at the present
time of the slowness with which the criminal law is enforced, and
especially of the great length of time which is frequently permitted
to elapse between a conviction and the review of the conviction by
the appellate courts. Among persons not conversant with the rules of
criminal procedure, the courts are not unnaturally, but most unjustly,
charged with a large share of responsibility for this condition. The
blame rests elsewhere. The appellate courts are powerless to act until
the appeal is brought before them by those charged with that duty. When
the matter is brought up for a hearing, the delay is ended, and the
appeal is invariably promptly decided. The present is a particularly
flagrant case. The defendant was convicted in March, 1909, and was
almost immediately released on bail pending an appeal, under a
certificate of reasonable doubt. The record is not voluminous, and the
questions of law involved are neither difficult nor intricate, and yet
the defendant has been at large for three years and a half before the
appeal is brought on for argument. Of course under such circumstances
the defendant was quite satisfied and was in no haste to have his
appeal argued. The duty to bring it on promptly rested, as it rests in
every case, upon the district attorney, who had it in his power at any
time to force a hearing of the appeal by moving to dismiss it. This
court has never shown itself to be unwilling to support and cooperate
with the district attorney in compelling appeals in criminal cases to
be argued with all reasonable promptness. The remedy for unreasonable
delays in the final disposition of criminal appeals lies in his
hands."[53]
Public-domain text, read in full here on John Shaqi.
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