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
In the case of minor offences, it is the proportionately trifling nature
of the punishment inflicted which justifies, if anything can justify,
the summary conviction; but such conviction cannot possibly in a free
country be tolerated, when the punishment consequent on conviction is of
a nature so injurious and irretrievable. If you deprive a man of life
the punishment is irretrievable; no recompense can be made for it if
erroneously inflicted; hence in some countries punishment by death is on
this very account prohibited when the evidence is only circumstantial.
What then shall we say of a case in which an irretrievable punishment is
inflicted where there is no necessary circumstantial evidence at all,
but suspicion only, and further, without the safeguard, which the law
applies in the other case, of jury trial? What can atone to an innocent
woman for the destruction of her character brought about by mere
suspicion, and without the chance of the time-honoured appeal “to God
and my country”? What can atone to her for the personal outrage, which
is made so light of by some doctors, but which, whether inflicted by any
private villain, or by a gentleman paid by the Government to inflict it,
must bring to every decent woman unmitigated shame and anguish?
We therefore claim that these cases under this Act shall not be
summarily treated as minor cases, because, to put it in the light least
favourable to ourselves, no one can prove to us that an innocent woman
may not be accused under it; and, being so accused, if punished
wrongfully, she suffers more than any other person punished wrongfully
would suffer; she has therefore more than any other person the right to
all the safeguards which the law can offer. Now, it is admitted by all
great lawyers that the supreme safeguard against accused persons being
wrongfully punished, or against persons being wrongfully accused, is the
existence of jury trial. These women, therefore, more than any other
accused people, are entitled to have every legal safeguard. It is more
tyrannical than can for a moment be endured in England, that such cases
should be classed among minor cases, and be treated in the same summary
fashion as when a little boy breaks windows.[46]
Public-domain text, read in full here on John Shaqi.
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