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
Professor Sheldom Amos writes on this subject:—“The proceedings
contemplated by the Contagious Diseases Acts have been placed among a
large and rapidly growing class of proceedings only technically
criminal, and instituted for quasi-moral, sanitary, fiscal, or general
police purposes. To this class belong cab-regulations, regulations in
respect of the cattle-plague, regulations for preventing nuisances in
the way of obstructions in the street or on the pavement, regulations
in the way of railway bye-laws for securing the safety of passengers,
etc. The actions endeavoured to be prevented by the class of laws here
involved are not crimes in the sense of being in themselves morally
reprehensible, still less abominable, but they are crimes so far as
they are absolutely forbidden by the State, and the punishment and
prevention of them is undertaken by the State through its own
officers. This class of Acts has been very much multiplied of late
years, and the proceedings with respect to them are always in the
first instance before one or two magistrates. Some of the proceedings
are ‘summary;’ that is, the magistrate can assign the punishment at
once without appeal; others are summary only in the sense that the
magistrate can, if the accused consent, assign the punishment at once,
but the case can be reserved for Quarter Sessions and for jury trial
in the event of the accused being able to find securities for his
appearance. Thus, you see that the claim to jury trial is already
practically obsolete for all offences not of such kind as theft,
robbery from the person, murder, assaults, treason, forgery, and such
like atrocious forms of wrong-doing. The proceedings under the
Contagious Diseases Acts are placed among the first of the classes
above described, that is, summary proceedings without appeal. I think
with you that the extension and multiplication of such Acts and
proceedings is a grave constitutional peril, as I have said
elsewhere.” Let the reader compare the grave cases tried under the
Contagious Diseases Acts with the quasi-moral, sanitary, and fiscal
cases adverted to above, and let him mark the conclusions to which the
framers of these Acts are inevitably driven through having placed
these cases on this category. On the one hand, if, as some of our
opponents say, these Acts are directed against vice, and are for the
discouragement of the sin of prostitution, then, as we have seen,
their framers are guilty of a violation of the constitution by placing
cases of real criminality, involving severe penalties, on the list of
summary proceedings in which there is no appeal. But if, as by far the
greater number of our opponents affirm, these Acts do not treat
prostitution as criminal, and these cases properly belong to the
category above cited, then to what an awful moral conclusion are they
driven on the other hand! To exact an exorbitant fare or to drive
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