Tom Watson's Magazine, Vol. I, No. 2, April 1905Various
Religion
Tom Watson's Magazine, Vol. I, No. 2, April 1905
Various
United States -- Politics and government -- Periodicals
There is a total suppression of sympathy or sentiment during trial.
The prisoner is arraigned, the charge is explained and then he or she
must plead guilty or not guilty. Each has the benefit of counsel—if
not employed by a parent the Court invariably assigns one; the trial
proceeds at once if the plea is “not guilty,” and at its close comes
acquittal or conviction. During all this time a dispassionate and
methodical inquiry is pursued by strict legal methods, in which the
prisoner has the advantage of every technicality known to criminal
practice. The justice presiding is both judge and jury. He has absolute
control over future proceedings; if there be a conviction, therefore, he
divests himself entirely of pity or prejudice. With him it is simply the
elucidation of facts by strict legal evidence and reaching a conclusion
that is logical and just. There are objections and rulings, demurrers
to pleadings, motions for new trials and motions in arrest of judgment.
Frequently some bright boy defendant watches the progress of the trial
with interest and learns something which, never injurious, may be of
advantage. The sad and possibly harmful thing is that he is on trial for
a crime; and yet that one feature may save him from a disastrous career.
The time for pity, sympathy and sentiment on the part of the justice
comes when he pronounces the defendant guilty. Then the character and
attitude of the man upon the bench undergo a complete change, for a
duty far transcending that of weighing facts and reaching conclusions
now devolves upon him. This duty is to determine what to do with the
youngster who has been convicted, and upon this question the greatest
mistakes may be made; it is the one that weighs most heavily on the
conscience of the Court and is the most perplexing to the judicial mind.
The controlling principle in the solution is, what is best for the boy
is best for society; he must either be committed to some reformatory
presided over by persons of like religious faith as the parents, or he
must be permitted to return home. Either course may be dangerous. To
commit may blast his future; to release may be iniquitous to him and
a positive menace to others. In order to decide the judge must learn
all that is possible about the individual; his habits, disposition,
associations, reputation, home environment and previous record. If the
boy attends school his record there is obtained; if at work the opinion
of the employer is sought, but in a way not to produce injury. Happily
the law upon this subject permits the Court to get information through
any channel, not even gossip, rumor or hearsay is excluded. In many cases
several days are necessary to gather the material upon which the Court
finally acts.
Public-domain text, read in full here on John Shaqi.
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