The New York Tombs Inside and Out!: Scenes and Reminiscences Coming Down to the Present. A Story Stranger Than Fiction, with an Historic Account of America's Most Famous Prison.Munro, John Josiah
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The New York Tombs Inside and Out!: Scenes and Reminiscences Coming Down to the Present. A Story Stranger Than Fiction, with an Historic Account of America's Most Famous Prison.
Munro, John Josiah
Crime -- New York (State) -- New York; Halls of Justice (New York, N.Y.)
Some time ago, a rich murderer was tried in this city. His defence was
one that no Court in the land recognizes, viz.: the unwritten law.
During the trial, one medical expert said that the defendant suffered
from “brain storms.” In a more recent murder trial, the only defence
offered was “Confusional Insanity,” all of which is simply a foolish way
of trying to “beat” the case.
We could name a dozen of well known characters whose crimes have been
heralded all over the land, who were sent to the death house, but after
a couple of years, when the Court of Appeals decided that they should
have another trial on a mere technicality, returned to the Tombs, and
after a few abortive efforts to convict them a second time, were
liberated, as the important witnesses were dead, or could not be found.
It is difficult to say wherein lies the trouble. But with our present
elective system, we are apt to get some very poor material as Judges.
They lack educational and experimental qualifications. Nor can we
abolish the right of appeal because some judges make foolish rulings.
With such judicial material on the bench, the right of appeal is our
only safety valve, and must be retained.
There is a widespread feeling in our day that many trials are only a
huge farce, and the “unwritten law,” “benefit of the doubt,” and
“long-drawn-out hypothetical questions” in a large number of cases are
allowed to defeat the ends of justice.
In regard to homicides, nothing would appeal to the good sense of the
community after an atrocious murder has been committed more than to give
the murderer a speedy trial and summary justice. It is all “humbug” to
keep a murderer shut up in the Tombs from six months to a year before
trying him. When he goes forth to trial, if the witnesses are not all
dead, they have forgotten nearly all of what was once fresh in their
memory. Let there be speedy trials and quick punishment for all kinds of
crime. This will deter others from following the footsteps of evil
doers. In murder cases it would be well also if capital punishment were
abolished, and life imprisonment substituted.
In nearly all the advanced countries of Europe, in criminal trials,
swift justice is the order of the day.
In Great Britain there are no long-drawn-out trials. Nor will the judges
allow delays on mere technicalities. Each case is decided on its own
merits.
As a rule, the presiding judge exercises full control over the case, and
as a result everything is done with quickness and dispatch, and the
higher courts uphold such rulings.
Public-domain text, read in full here on John Shaqi.
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