The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In bringing on criminal trials there is little delay, unless at
the request of the accused, and for what seems good reason. Our
Constitutions generally provide that whoever is to be tried on a
criminal charge shall be tried promptly, and the practice of the
courts conforms to this rule. The broad right of appeal,
however, for errors of law on the part of the court may serve to
postpone the execution of a sentence, and too many new trials are
granted by the courts for steps in procedure in matters of a
purely technical character. Delays from this cause are, however,
comparatively infrequent. Most convicts are too poor to take
advantage of it. Most also know that their sentence is just, and
are anxious only to have it executed and through with as soon as
possible. In hardly one case in a hundred is an appeal taken or,
if taken, pursued to the end.[Footnote: See Chap. XVII.]
In our largest cities the disposition of criminal business
occupies the time of several judges, and the prosecuting officer
has a staff of professional assistants. In cases of such
importance as to call for his personal management a postponement
is occasionally inevitable. In Chicago, in December, 1903, over
a thousand cases were awaiting trial in the Criminal Court.
It tends to expedition in the trial of any cause if it is heard
before a judge especially familiar with the class of questions
which it involves. Criminal courts, particularly in cities, are
largely held by judges whose work is either wholly or mainly
confined to them. This helps greatly to prevent delays in such
tribunals. For a similar cause admiralty business is dispatched
with great rapidity by the District Judges at our principal
ports, and patent causes by the Circuit Courts.
In the criminal courts of New York City in 1903, there were about
3,000 prosecutions on which indictments were found, and the
defendant committed for want of bail. In most of these cases
there was a plea of guilty, but counting them with the others,
the average time as to all which elapsed between the original
arrest and the final judgment was only eight days. During the
same time those who gave bail were generally tried within three
months from their arrest.[Footnote: Nathan A. Smyth in the
Harvard Law Review for March, 1904.]
An insufficiency of judges was formerly one great cause of delay,
but the modern tendency has been to have too many, rather than
too few. In the Court of Chancery in Virginia (which was held by
a single Chancellor, then a man seventy-six years old) there were
in 1802, 2,627 causes pending at one term.
Public-domain text, read in full here on John Shaqi.
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