Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
On the bench, in the great majority of cases, there is an untrained judge.
In Glasgow there is only one stipendiary magistrate, who is a trained
lawyer. The others are magistrates of the city, who have to discharge a
multitude of duties, among which is that of sitting in judgment on their
fellow-citizens. They have been elected to the Town Council to serve their
constituents as members of that body, and in due course they are made
Bailies. Nobody pretends that they are thereby endowed with a knowledge of
the law, experience in weighing evidence, or the judicial mind; but they
are invested with judicial powers, and in certain cases can send men to
prison for twelve months. They are usually men of excellent character and
intentions, but unfortunately both of these qualities may exist with utter
incompetence from a judicial standpoint. The draper would not admit that a
grocer could exchange businesses with him and the concern go on as well as
ever. Each man knows that to learn his own trade requires time, to speak
of nothing else; but they appear to believe that all that is required to
enable them to execute what in law stands for justice is the possession of
a chain of office. Were there any foundation in fact for such an idea
many weary years of study would be saved; for it is easier to get a chain
than a licence to practise. That they are usually quite satisfied of their
own fitness for the work goes without saying; and it would be a piece of
vanity as harmless as it is foolish if the liberty of so many were not
placed in jeopardy by it. It has been urged as an argument against the
appointment of trained lawyers that there were fewer appeals from the
decisions of the Bailies than from those of the professional man. This is
meant as a testimony to their superior fitness, presumably; for the only
relevant inference from the statement is that the Bailie is better
qualified to act as a judge than the man who has had a training in the
work. It is a startling testimony to the superiority of inspiration to
reason. There are no testimonials from those who had appeared before the
courts either as prisoners or agents, however; and the plea is not
convincing. That it should ever have been made is a striking commentary on
the fitness of those who made it; or on their modesty.
Public-domain text, read in full here on John Shaqi.
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