The Strand Magazine, Vol. 01, No. 06, June 1891: An Illustrated MonthlyVarious
General
The Strand Magazine, Vol. 01, No. 06, June 1891: An Illustrated Monthly
Various
English literature -- Periodicals; Short stories, English -- Periodicals
To return to the Criminal Bar, one cannot help observing how great
is the disadvantage at which a prisoner is sometimes placed. The
unfortunate man has perhaps been unable by himself or his friends to
find the necessary funds to instruct a counsel, or perhaps he has
managed to scrape together a guinea, which he hands over the dock, as
his case is called, to some inexperienced barrister, who thereupon
finds himself face to face with a wary and experienced advocate like
Mr. Poland or Mr. Gill. The prisoner's chances of vindicating himself,
innocent though he may be, must be greatly reduced by the disadvantages
under which he labours.
The State, which expends enormous sums for the conviction of criminals,
ought, undoubtedly, as is the case in many other countries, to provide
legal assistance for the accused in order to secure a fair trial. So
far as we are aware, there is only one case in which this is done in
England, namely, when an offence, while in the execution of duty, is
charged against a member of the police force, a body of men who are in
a much better position to secure for themselves legal assistance than
the majority of ordinary prisoners.
[Illustration: MR. INDERWICK. SIR EDWARD CLARKE.]
Perhaps the deplorable dearth of highly talented men at the Criminal
Bar is in some degree accounted for by the curious circumstance that
when a man once becomes a criminal lawyer he can be nothing else. The
dismal atmosphere of the Old Bailey seems to permeate all his future
prospects, and he is rarely able to emerge from it into the higher
ranks of his profession. The Lord Chancellor, Mr. Justice Hawkins,
and Sir Edward Clarke are, perhaps, the only living instances to the
contrary; but even they belong to a somewhat bygone time, and were
never exclusively criminal lawyers.
The leading common-law work of the High Court is practically divided
among a dozen or so eminent Queen's counsel. It is a matter of common
complaint that the leaders accept briefs, knowing well at the time they
receive them that they will not be able to attend to them. There is a
good deal of truth in this, although the supposed delinquents are able
to put forward a very plausible plea of justification. It is certain
that they cannot always know what briefs they will be able to give
full attention to, seeing that there are a number of Courts engaged
in trying cases some of which may last days, and some only minutes.
Indeed, a counsel with a very small practice may find that, owing to
the unexpected manner in which the cases on the list are sometimes
disposed of, the two or three briefs that have been entrusted to him
may all require his attention in different Courts on the same day,
although when he accepted them he might reasonably have anticipated
that the cases would be called on different days. It must, however,
be admitted that there are some eminent counsel who accept briefs,
although it is morally certain that they will be unable to give them
any personal attention.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account