Law -- England; Poor -- England; Poor laws -- England; Working class -- England
I have always wondered what legal right a policeman has to put you in a
row with a lot of other men and bring people to look at you. Suppose a
prisoner refused to undergo the ordeal and the policeman used force to
compel him, could the prisoner recover damages for assault. These are
recondite, and in a sense absurd points; but they do, I think, help one to
see how wrong the present system is. At the ceremony of identification it
is obviously necessary that there should be a presiding magistrate to see
fair play and to take a record of what happened. It is really a part of
the trial and a most important part of the trial. That a witness should
identify a prisoner in a police yard in the absence of a judicial
authority is clearly an unjust thing. Once he--or more especially she--has
done so, the further swearing to the prisoner when he is in the dock is
nothing. What the magistrate ought to see is the demeanour of the
identifier when he first recognises the prisoner and especially ought a
justice to be present to see that there is no suspicion of unfairness in
the methods employed by the police.
We have had so many tragedies brought about by so-called identification,
that it is more than time that the business of it was taken out of the
hands of the police and made an integral part of the trial before the
magistrate to which it in truth belongs. These reforms will not, I think,
come about until we have stipendiary magistrates on the county benches,
but though I wish to see this I do not want the old office of Justice of
the Peace to be abolished. There is, and rightly ought to be, a keen
desire among laymen to attain to this position, and it is an office of
much dignity and respect and one in which a good man under sound legal
advice can do worthy public service. I have been a local justice of the
peace for many years and can testify to the number of occasions upon which
a magistrate residing in his district is called upon for small services
that would cost the applicant time and money if there was no available
magistrate.
A great many lay benches with a clerk of sound learning and legal
education administer excellent justice throughout the country. But there
are classes of cases connected with property that would be better tried by
a stipendiary unconnected with county society. I have a passion for
old-world things, and grieve over the disappearance of the parish
constables, the head boroughs, the tithing-men, the aletasters, the
beadles, and the reeves. I do not wish to abolish the Justice of the
Peace. I only wish to put him in his proper place. Of course, if he cannot
be happy there, then I am afraid he will have to go.
CHAPTER XII
LANDLORD AND TENANT
Public-domain text, read in full here on John Shaqi.
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