But if the magistrate did all the questioning I don't believe there
would be much false evidence. Witnesses will lie to the opposite side,
but not to an understanding Court.
Perjury would disappear. What is its present cause? Contempt of the
Court and sympathy with either complainant or accused, which sympathy
sees no chance of justice for its object except by perjury. Because a
trial is a fight. There is not a human being East or West who would
not be ashamed to lie to a Court he knew was trying to do its best for
all--parties and public. It is because the Courts as at present
constituted do as much harm as good that perjury is rampant and
condoned. It is so in all countries, it has been so in all periods.
Then, as soon as possible, juries should be introduced. This cannot be
done until the law, especially as regards punishment, is greatly
altered in accordance with the common sense of the people, but it is
the objective to be aimed at as soon as possible. Until the public
co-operate with the Courts in all ways you will never have a good
system of justice. Crime hurts the people far more than it hurts
Government. Don't you think the people know that? And don't you
suppose they want it prevented even more than Government does? In any
case that is the fact. They hate the Courts now because they don't
prevent or cure crime; they only make matters worse.
The only objection I see to this proposed alteration is that it will
take more time and so cost more money. At first it may do so, but even
then what the public loses by more taxes it will more than save in
having to pay less to lawyers. How much unnecessary money is now paid
to lawyers? Enough, I am sure, to double the magistracy and then leave
a big balance. Courts should be made for the people, not for lawyers.
And in time crime would so decrease that there would be saving all
round.
The reform of the Civil Courts should follow somewhat the same lines.
A man should not have to wait to see a civil judge till his case is all
made out. He should be able to go to him at once and confide in him,
and the judge should send for the other party and try to make an
arrangement between them so that no suit should be filed. Not until
that has been done and not unless a judge give a certificate of its
necessity should a suit be allowed to be filed as it is now. And then
when it is filed the judge should conduct the case and not the
advocates on each side. That is the only way to stop the perjury which
increases and will increase. Magistrates and judges must cease to be
umpires of a combat, and become investigators of truth.
Public-domain text, read in full here on John Shaqi.
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