Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
Appeals from police-court decisions can only be made on a case stated by
the magistrate whose judgment is appealed against. Trained men are not
free from liability to error, and they recognise the fact. If a case is
stated in such a way that the issue is obscured there is no use in
attempting an appeal; so that freedom from appeals may as readily be a
testimony to the inefficiency of a judge as to his efficiency. It may
afford a presumption that he is not only unfit to try a case, but not to
be trusted in stating one. To suggest that it affords evidence of the
superior ability of the draper and the grocer to the lawyer in law
matters, is to presume too much on the credulity of the public. If they
are really so splendidly endowed it is surprising that they should not
place their services at the disposal of one another when a question of
trade causes dispute. In that they might be expected to have knowledge at
least; but though Bailies have power to send men to prison they are not
empowered to try civil causes involving the property of their
fellow-citizens. That is to say, they have power over the lives, but not
over the property of the lieges. This is surely a grave injustice; either
to them or to the prisoners.
In every court where a bailie presides he is aided and advised by an
assessor, whose duty it is to keep him within the law. It is a somewhat
farcical situation. The prisoner is there because he is charged with
breaking the law; the bailie is there to try him on the charge; and behind
him is a legal gentleman to see that the judge does not himself break the
law in the process! He may either take the advice of the assessor or
disregard it, but he is the responsible magistrate. If he follows the
assessor's advice, that official is in the exercise of power without
responsibility, which is not a position in which anybody should be placed;
if he follows the inner light, the "safeguard" which the assessor is
supposed to be is useless.
Public-domain text, read in full here on John Shaqi.
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