The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-09-13
PROGRESS IN LAW REFORM


PROGRESS IN Law REFORM.
ne progressive spirit of tho people o
iaihe Is again shoY,;r- 1>seif i'll ad
vance of uti,--. onu older communal
The Legislature has made long strid
forward in the matter of simplifying til,
criminal and civil Jurisprudence of the
times. At its last session an act was
passed which permits. the prisoner ar,
raigned for murder to testify in his own
behalf, and the beautiful workings OF
this system have been recently most
strikingly exemplified in trial of which
it is reported:
"The testimony of witnesses left no
doubt that the prisoner killed the person
alleged; but, as The deed was done in
the dark, no one but himself could know
whether 1t was in self-defence or not
The remarkable simplicity and apparent
truthfulness of the prisoner, his prompt
and ready answers, freedom from all
contradiction and equivocation, and, in
iact, every test of truth, We're so strik-
ing, mat the court, jury, and the crowd
vi listeners Were all convinced that he
was July Justified in the killing. With
out MS own testimony, however, he |
would probably have been severely dealt
with by the law
Notwithstanding the old common
law maxim, that it is better ninety
nine guilty persons should escape than |
snat Recommendations should suffer, uand |
the various guarantees that every oppor- |
UNITY shall be allowed the prisoner to |
establish his innocence, and that he shall !
always be given the benefit of the least
doubt in regard to his guilt, we find that |
Invariably the prosecution is shown
more favor than the defence; if in no
other way than that of having the clos
ing argument and permitting the court
to sum up the facts and influence the
jury by the expression of an opinion
with regard to the guilt or innocence of
the accused. There are great many very
odd customs ana notions that form a Dart
OF the common law, which might be dis
pensed with now, and which, having
ceased to have the force they once pos
sessed, ought to 'oe abolished. Society
mas changed entirely within the last |
century or Two, but the old legal forms |
ana the enigmatically, not to say fool
isn, .-Sanguage in which they are obscured
nave undergone no alteration. We still |
retain the words and wisdom of Black
stone and tue language of the law is
now as difficult to comprehend in many
even to those learned therein,
~ the language of the Choctaws or Chi v
nese. We see no good reason why il
cannot be simplified and made plain.
Our statutes, forms, indictments, legal I
rules of evidence, and every I
thing connected with the science, which ~
Is called the perfection of wisdom, can
certainly be reduced to good modern o
English and made as Ineligible to the |
most common understanding as the ,
simplest incident of life told in words CT I
,ne syllable. Discard all the difIicr,,tios
If ancient Latin construction and all
he iterations, reiterstions a.nd superfiui-
lies, and let tie simple fc.cts be stated in
'rlef, comprehensive and unmistakable
language. We think the concession |
made to the prisoner, which permits him
o be his own witness, a very important
md very just one, and that it would
oe well to adopt it everywhere. The
object of all trials is to arrive at the truth
and all the truth, and the jury being the
Judges OF the evidence, we cannot see
how the ends of justice can be defeated :
by examining everybody who may know II
in regard to the matter in con- g
-roversy; and certainly the party accused
'ught to know better than any one else
ow far he is implicated, and whether
ne be guilty rinnocent. His statements. OF
If course, would always be taken with &c
considerable allowance, and the cbarac- tbo
er and manner of the man would have gu
IS much to do as his testimony in infu- no
.ncing the verdict of the jury. We trust pS s
therefore,, thatthe important amelioro- cal
ions in criminal jurisprudence will moi !
70 confined to any particular State, or ,hi
ocality, but that the attention of our own per
legislators may be attracted to it; that
aw will be looked upon every where vo :
more in the light of a.progressive science, arr
nd ourpresent system be remodeled, i'm lpol
,roved, reformed and simplified to such sci
n extent that it will no longer be mys- me-
cry, and that it may conform to reason Gil
nd common sense, and be made so plain sr
hat every man who can read and write ~
lay be his own lawyer.
OLD VIRGINIA. I~
We cannot find time to answer the Sc
a.. vfslrI