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.)
The Supreme Court is now the highest court in this State having original
jurisdiction—that is, having the power to hear the evidence in and
determine actions commenced therein or removed thereto from an inferior
court, as distinguished from the right to review on appeal. It may take
cognizance of all manner of civil and criminal actions and proceedings
triable in a State Court, except the impeachment of public officials, of
which a quasi-criminal court—the Court for the Trial of
Impeachments—alone has jurisdiction.
In New York County, one part of the Supreme Court is usually devoted to
the trial of criminal actions, and that part ordinarily sits each month
in the year, except July, August and September.
Cases that, because of the nature or circumstances of the crime charged
or the prominence of the persons involved, are of particular public
interest or importance are usually tried in the Supreme Court.
There are material advantages to the accused in being tried in this
court. The proceedings are apt to be more deliberate. The justices are
experts in Civil Law, and have the advantage of the training which
results from contact with the best legal minds and the consideration of
the many difficult and important questions that arise in civil practice.
The range of the criminal law as compared with the civil, is very
narrow. The experience of the practitioner at the criminal bar tends to
develop forensic rather than reasoning faculties; to narrow the mind and
sharpen the wits, rather than broaden and deepen the intellect; to make
alert, cunning, effective cross-examiners and wielders of
technicalities, rather than strong logicians, quick in the discernment
of fundamental principles, and ready in their application to the case in
hand.
Constant contact with the criminal classes, either as an advocate or in
the exercise of judicial functions, has a tendency to deaden the
sympathies, to lead to a complaisant view of the criminal as something
inevitable, and to an indifference to the suffering that flows from his
punishment. It results in an intuition and a preception of criminality
in acts and persons where it frequently does not exist—in an unconscious
predisposition to discover something sinister and evil in what may be
innocent or merely injudicious.
It is not a slur on the gentlemen who, with marked ability, untiring
industry and sincere conscientiousness dispense justice in other
criminal courts to say that the Supreme Court justices who hold criminal
terms of that court are their superiors in the qualities that make a
good judge, because of their wider experience and consequently better
judicial qualification, and because of their freedom from bias against
the accused, except such as may be temperamental.
Public-domain text, read in full here on John Shaqi.
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