=The Law’s Delays.=—Much complaint is heard nowadays because lawsuits
are so long and involve so much expense. The courts are often so
overwhelmed with cases that a lawsuit which is brought today cannot be
tried for many months. The privilege of appealing from the decisions of
lower courts is so widely granted, moreover, that when lawsuits are once
begun they may not be ended for years. The claim is often made that all
this gives a great advantage to the rich man or the large corporation as
against the ordinary individual who cannot afford the expense involved
in prolonged litigation. Lawsuits require the hiring of lawyers by both
sides and the assistance of lawyers is costly. Judicial procedure can be
much simplified, and it ought to be. It probably would be simplified
were it not for lawyers. Lawyers profit by the law’s delays; the more
lawsuits and the more prolonged they are, the more profitable it is for
them. And lawyers form a large element in the legislatures which make
the laws relating to court procedure. This is not to imply, however,
that lawyers on the whole fail to promote the interests of justice. They
do perform great services in this respect. The ends of justice would be
far less perfectly served were it not for lawyers.
[Sidenote: Reasons for these delays.]
The main reason for the slowness with which justice is administered in
the United States can be found in the great (and perhaps unnecessary)
amount of care which is taken to assure every individual his legal
rights. This has multiplied appeals, encouraged technicalities, and
given the courts far too much to do. The right to be given a full and
fair trial, to have a jury in most cases, to appeal, and to have due
process of law with all that this implies—these are rights which the
constitution guarantees and which we greatly value. Valuable they are,
no doubt, but they make the course of justice slower in the United
States than in other countries where these constitutional safeguards do
not exist. A famous Prussian king, Frederick the Great, once ordered
that every lawsuit should be brought to an end within a year. Despots
can make their courts move quickly in this way; but nothing of the sort
is possible in a democracy.
[Sidenote: Keep the courts incorruptible.]
Yet the courts are, when all is said and done, the most important among
the institutions of free government. Corruption and incompetence in
legislatures, or in the executive branch of the government, are serious
evils when they exist, to be sure; but when incompetence and corruption
invade the judiciary they reach to the very heart of the Republic. The
Great Charter of 1215 provided that “justice should not be sold,
delayed, or denied to any man”. That is a principle which must be
maintained at all costs.
General References
C. A. BEARD, _American Government and Politics_, pp. 294-314; _Ibid._,
_Readings in American Government and Politics_, pp. 273-290; 488-508;
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account