Prejudices, fourth seriesMencken, H. L. (Henry Louis)
History
Prejudices, fourth series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
It was then that Christian lawyers came to the rescue of pious and
baffled men. They did it by the simple process of throwing the whole
responsibility upon the judge. Juries were hard to intimidate; there
was always apt to be at least one juror who didn’t care a hoot what was
said against him from the sacred desk--some hell-cat who positively
rejoiced in the indignation of the knock-’em-down-and-drag-’em-out
clergy. But judges were tenderer. Some of them were candidates for
re-election to the bench; all of them were solicitous about their
dignity, and did not care to face ecclesiastical curses, pious
whispers, suggestive winks. So the Iowa lawyers amended the law by
inventing and inserting the injunction clause. This clause flatly
abolished the right of trial by jury. When the vice-crusaders found a
likely victim they simply got a friendly judge to issue an injunction
against her, restraining her from using her premises for immoral
purposes. Then they watched her closely. The moment they detected a
dubious female entering her door they raided her again, dragged her
before the same judge--and he jailed her for contempt of court, an
offense punishable summarily and without a jury trial. Nine times out
of ten, perhaps, a jury would have acquitted her, but the judge was
already safely against her.
This scheme gave the vice-crusaders a new lease of life and greatly
increased their takings in the Sunday-schools. Naturally enough,
the Prohibitionists, who were, in most cases, none other than the
vice-crusaders themselves, instantly borrowed it, and so it got into
the Prohibition acts of all the dry States. Volstead, as a country
State’s attorney on the Minnesota steppes, employed it diligently
and to vast effect. He put it into the Volstead Act as a matter of
course. There it stands today, a dishonest and disgraceful blemish
upon American law. Its deliberate aim is to take away from the
citizen accused of crime his constitutional right to a jury trial; no
imaginable argument in favor of it can dodge that plain fact. When
it is invoked, as under the Volstead Act, against a man who has been
found guilty of one violation of the act, it not only punishes him
doubly for that violation; it also punishes him in advance for a second
offense that he has admittedly not committed, and deprives him of his
constitutional means of defense in case he is subsequently accused. He
is, in brief, put absolutely at the mercy of the judge--and the judge
is already obviously suspicious of him, and may be a senile sadist or
Prohibitionist demagogue to boot. The constitutional provision that a
man accused of crime may throw himself upon a jury of plain men like
himself, sworn to regard only the evidence actually before them--that
if he is able to convince only one of the twelve that he is innocent,
or not proved guilty beyond a doubt, he shall go free--this fundamental
guarantee of the citizen, this most sacred of all human rights under
Public-domain text, read in full here on John Shaqi.
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