The constitution violated : $b An essayButler, Josephine Elizabeth Grey
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The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
though no such representation were made, and though every woman had
direct access to the Act of Parliament thus falsely interpreted to her,
it must still be apparent to every honest mind that it is a gross parody
of justice to offer to any person an insufficient or partial tribunal on
the one hand, and, on the other, the opportunity of self-crimination. It
is a base and unjust alternative, and one which ought not to be
presented to any citizen of a free country, and, above all, ought not to
be presented in this particular case; for, be it observed, such an
alternative and such a method of trial gives rise to a recklessness of
accusation peculiarly grievous in the present instance, and which the
system in question seems framed precisely to foster,—a recklessness of
accusation which would be checked by the fear which must affect even the
most powerful individual in the State, and make him reflect well before
he too lightly brings any accusation against any one, knowing that the
truth of that accusation must be examined and decided by twelve
indifferent men, not appointed till the hour of trial, and not by those
paid officials accustomed to believe in the truth of such accusations,
and knowing that when once the fact of a false accusation is ascertained
the law must of course redress it.
Let me, however, at this point remind the reader, that my argument
throughout is not a plea to retain these Acts, amended by the
introduction of the safeguard of jury trial; but that my object is to
bring them to the test of this ancient and sacred institution, and to
show that since they cannot exist in conjunction with it, then these
Acts stand condemned thereby, and therefore must be expunged from the
statute-book.
The question now arises, Is this at all a fit case for summary
proceeding, even although those proceedings did in this case expedite
the celerity of justice? Now, if we refer back to the quotations already
made on this subject from Blackstone and others, we shall see that the
abridgment of legal safeguards is only to be permitted in what are
called minor cases. And the cases to be treated under these Acts can by
no means be called minor cases, for reasons which I am about to give.
First, however, let it be carefully observed that there are two distinct
proceedings under the Act, the first being that of which I have treated
in the preceding chapter, namely, the determination as to whether the
woman be a prostitute or not; and the second, with which I am not
dealing here, being that which is directed against the offence created
under the Acts, that offence being the carrying on of the trade of a
prostitute otherwise than under the conditions imposed by Government.
And what we are here particularly objecting to is the making the first
proceeding, above referred to, a summary proceeding, and calling that
case a minor case which relates to the determination as to whether a
woman is immoral or not.
Public-domain text, read in full here on John Shaqi.
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