Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Dickens approached the matter more hesitatingly: "I wonder," he writes,
"why I feel a glow of complacency in a court of justice, when I hear the
learned judges taking uncommon pains to prevent the prisoner from letting
out the truth. If the object of the trial be to discover the truth,
perhaps it might be as edifying to hear it even from the prisoner, as to
hear what is unquestionably not the truth from the prisoner's advocate. I
wonder why I say, in a flushed and rapturous manner, that it would be
'un-English' to examine the prisoner. I suppose that with common fairness
it would be next to impossible to confuse him unless he lied; and if he
did lie I suppose he could hardly be brought to confusion too soon."
This being the Victorian attitude in the matter it was hardly to be
wondered at that the reform was delayed until our own day. Yet I doubt if
anyone conversant with the criminal Courts would doubt that although there
are cases where it has been to the disadvantage of the guilty to go into
the witness box, it has been of enormous value to the innocent that he can
give his own account of things to the jury.
There are three recent Acts of criminal law reform which have done much to
safeguard the interests of innocent men, especially if they are poor.
These are the Criminal Evidence Act, 1898, the Poor Prisoners Defence Act,
1903, and the Court of Criminal Appeal Act, 1907. If we could have such an
outburst of legal reform every ten years in other subjects we should be
doing well. But it must not be thought that these reforms were obtained
without trouble. Each was strenuously fought, year by year, for many many
years before the energy and patience of the reformers were crowned with
success.
One would have thought that the claim of a citizen, charged with a
criminal offence, to give his account of the affair to the jury, if he
wished to do so, was one of those matters of elementary justice that could
hardly be contended against at the end of the nineteenth century, but the
fight against this privilege was really a very strenuous one. Twenty years
before the reform actually came the Bill had been read a second time in
the House of Commons by a majority of 109, showing, at all events, that
the lay mind of the country had no doubt about what should be done. In
each succeeding year, when any new offence was created by Act of
Parliament, there was a special clause put in to enable a prisoner to give
evidence, so that at length there were some thirty or more Acts giving a
prisoner the right to give evidence. This made the state of the law, as
Lord Herschell said, "utterly indefensible and ridiculous." We were living
under two competing systems, whose constant absurdities were made manifest
in the Courts; thus, if a man was charged with forging a trade mark he was
a competent witness, if he was charged with any other forgery his mouth
was closed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account