France -- Social life and customs -- 19th century -- Fiction; French fiction -- Translations into English
No human authority--neither the King, nor the Keeper of the Seals, nor
the Prime Minister, can encroach on the power of an examining judge;
nothing can stop him, no one can control him. He is a monarch,
subject only to his conscience and the Law. At the present time,
when philosophers, philanthropists, and politicians are constantly
endeavoring to reduce every social power, the rights conferred on the
examining judges have become the object of attacks that are all the more
serious because they are almost justified by those rights, which, it
must be owned, are enormous. And yet, as every man of sense will own,
that power ought to remain unimpaired; in certain cases, its exercise
can be mitigated by a strong infusion of caution; but society is already
threatened by the ineptitude and weakness of the jury--which is, in
fact, the really supreme bench, and which ought to be composed only of
choice and elected men--and it would be in danger of ruin if this pillar
were broken which now upholds our criminal procedure.
Arrest on suspicion is one of the terrible but necessary powers of which
the risk to society is counterbalanced by its immense importance. And
besides, distrust of the magistracy in general is a beginning of social
dissolution. Destroy that institution, and reconstruct it on another
basis; insist--as was the case before the Revolution--that judges should
show a large guarantee of fortune; but, at any cost, believe in it! Do
not make it an image of society to be insulted!
In these days a judge, paid as a functionary, and generally a poor man,
has in the place of his dignity of old a haughtiness of demeanor that
seems odious to the men raised to be his equals; for haughtiness is
dignity without a solid basis. That is the vicious element in the
present system. If France were divided into ten circuits, the magistracy
might be reinstated by conferring its dignities on men of fortune; but
with six-and-twenty circuits this is impossible.
The only real improvement to be insisted on in the exercise of the power
intrusted to the examining judge, is an alteration in the conditions of
preliminary imprisonment. The mere fact of suspicion ought to make no
difference in the habits of life of the suspected parties. Houses of
detention for them ought to be constructed in Paris, furnished and
arranged in such a way as greatly to modify the feeling of the public
with regard to suspected persons. The law is good, and is necessary; its
application is in fault, and public feeling judges the laws from the
way in which they are carried out. And public opinion in France
condemns persons under suspicion, while, by an inexplicable reaction, it
justifies those committed for trial. This, perhaps, is a result of the
essentially refractory nature of the French.
This illogical temper of the Parisian people was one of the factors
which contributed to the climax of this drama; nay, as may be seen, it
was one of the most important.
Public-domain text, read in full here on John Shaqi.
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