The Pennsylvania Journal of prison discipline and philanthropy (Vol. VIII, No. III, July 1853)Philadelphia Society for Alleviating the Miseries of Public Prisons
History
The Pennsylvania Journal of prison discipline and philanthropy (Vol. VIII, No. III, July 1853)
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
Is there not a strong feeling of reluctance to have the tragical scene
all re-enacted upon the theatre of a court room? Do not the sympathies,
which a little while since followed the murdered man to the grave and
his family and friends to their various homes, now strangely find
their way into the prisoner’s dock, and plead for a suspension of the
sword of justice? We would not favor the least relaxation of those
rules of proceeding in criminal prosecutions, by which the life,
liberty and reputation of the accused are protected. Let nothing be
presumed against him. Let every thing be presumed in his favor till
all such presumption is forbidden by conclusive evidence of guilt. The
tables should then be turned. There are now new claims to be met. The
community has patiently awaited the tardy movements of the constituted
authorities. While it was uncertain who had forfeited the privileges of
a citizen and, by a violation of the law, incurred its just penalty,
the sword of justice was held in suspense. But now, the guilt being
fixed and the perpetrator of the wrong being singled out, there should
be heard among honest and law-abiding men but one voice--LET IT FALL!
Attempts to avert the blow are not in aid, but in delay of justice.
Exceptions to the opinion of the court--motions in arrest of judgment,
or for a new trial, are in most instances, regarded by the popular
mind as so many ingenious attempts of the sworn ministers of the
law, to open loop-holes of escape for the guilty. When a man stands
before the country convicted, in due course of law, of a wilful and
deliberate murder, and when public sentiment is so strong against him,
that nothing but the fear or love of the powers that be, protects the
culprit from a summary execution by mob-violence; it _seems_ like
trifling (and to the mass of men it is trifling) to make the omission
of the dot over an i, or the interlineation of a word in the record,
or the omission to ask the convict “if he had any thing to say why
sentence should not be pronounced against him,” or any similar clerical
error or neglect, a reason for still further delay, or the basis of an
argument for annulling the whole proceeding.
Public-domain text, read in full here on John Shaqi.
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