The state furnishes no machinery for arriving at justice. Even if it
were possible under any circumstances to judge, and even though men
were really criminals, the state has no way of arriving at the facts.
If the state pretends to administer justice this should be its highest
concern. It should not be interested in convicting men or punishing
crime, but administering justice between men. It is obvious to the most
casual observer that the state furnishes no machinery to accomplish this
result. The penal law simply takes a man into its hopper and grinds out
a criminal at the end. A force of able-bodied, well fed, well paid men
are kept busy in their search for crime. These find pecuniary reward in
the crime of their fellows. An indictment is easily returned against
a friendless man—a suspicion is enough in any case where the victim
has no friends. If he is poor he is at once lodged in jail. Later he
is placed on trial in the courts. When he steps into the dock both
judge and jurors look on him as a guilty man—believe he has committed
crime. He is carefully guarded by officers, like a guilty, hunted thing.
Arrayed against him is an able prosecutor, well paid, and having personal
and political ambitions dependent on the number of men he grinds into
criminals. The prosecutor has ample means for the conduct of the case.
The prisoner, helpless enough at best, is rendered absolutely powerless
to prepare his case by being lodged in jail. Without money he has no
advocate with either the learning, influence or ability to help his
cause. If he is silent he is convicted. If he speaks no one believes his
words. Innocent or guilty, it is a miracle if he escapes, and in this
miracle the fact of his innocence or guilt plays but the smallest part.
Given a few suspicious circumstances, a helpless prisoner, an indictment,
and another victim is the sure result. And in the hands of a shrewd
lawyer, or under the belief of guilt, any circumstances are suspicious
circumstances. Almost all acts are subject to various interpretations,
and the guilt or innocence of a circumstance depends not upon the act
but upon the mind that passes judgment on the act. We look back with
horror at the criminal courts of England, of Spain, of Italy, even upon
our own Puritan judges who sentenced witches to death. These judges were
doubtless as intelligent as our own. Their brutal, cruel judgments did
not grow from a wicked perverted heart, but from the fact that they were
passing judgment on their fellow man. These unjust judgments are the
fruit of the cruel system of force and barbarism which clothes one man
with the authority and power to condemn his fellow. All prosecutions are
malicious, and all judgments are meted out in anger and hatred. Our own
judges are constantly showing this. In nearly every instance they condemn
a prisoner to a term of servitude, and when passion has fled and the sane
and holy feelings of mercy, of charity, of humanity once more regain
Public-domain text, read in full here on John Shaqi.
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