The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Justices of the peace can be trusted to dispose of petty criminal
prosecutions and to conduct preliminary examinations into charges
of any offence for the purpose of determining whether there is
ground for holding the accused for trial before a jury, although
even here mischief often results from their ignorance of law, and
the sufferers have little means of redress.[Footnote: See McVeigh
_v._ Ripley, 77 Connecticut Reports, 136; 58 Atlantic
Reporter, 701.] Such prosecutions are brought by a public
officer, who will not be apt to select an incompetent magistrate,
and has no strong motive for choosing one specially likely to
give judgment against the defendant. But in civil cases, for the
lawyer who institutes them to pick out his judge at will from a
number who are equally competent to assume jurisdiction, and at
the same time (as is generally the law) are left wholly without
salaries, receiving nothing except fees for cases actually
brought before them, is to place the defendant in a much less
favorable position than the plaintiff. If the justice decides in
favor of the latter, he is obviously more likely to get the
subsequent patronage of his lawyer. In most justice suits
judgment does go for the plaintiff, and not infrequently it is to
be feared that he gets it from that consideration. Some justices
rarely give any other judgment. Many lawyers bring all their
cases before one justice, and seldom fail of success.
In 1903, a justice of the peace in one of our largest cities
resigned his office and made his reasons public. They were that
no one could afford to hold it who was not willing to stoop to
unworthy practices. Lawyers having a large collection practice,
who were the best customers at such a shop of justice, threw
their business where they could get it done most cheaply. They
expected the justice of the peace whom they favored to favor
them. One way was by making them a discount on his legal fees.
There was a competition among the justices for business on these
terms, and the lowest bidder generally got it. Blank writs of
summons, even, signed by the justice would be sold at so much a
dozen, to be filled in to suit the attorneys.
A system in which such things are possible is inherently vicious,
and only endurable because the defeated party can always appeal
and have a new trial before a higher court. That relief,
however, is expensive. Judgments ought to be just in the first
instance, and it is the business of governments to ensure this,
so far as they reasonably can.
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