Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-03-15
Reform Neeac.l in the criminal Law.

To say that the administration Of the criminal
law in this country is not entirely satisfactory,
is an extremely moderate statement of general
and deeply roofed conviction. Small crimes and
Insignificant offenders are dealt with promptly
and justly enough, but for criminals who have
money, social position, or political influence to
befliend them, the law has few terrors. 1t is
needless to cite illustrations of this The fact
is notorious, and the mention Of it is one of the
stalest of commonplace. Every days New
York dispatches gust now bring intelligence OF
judicial proceedings, whose want of adaptation
10 the end proitssedly in view would be lu-
dicrous if it did not indicate a present fail
'ure OF justice and portend still graver evils.
The examples of this kind which the New
York courts afford are not the only ones,
though, they are greater and more frequent
there Than elsewhere owing to various causes
which will suggest themselves to most readers.
There, as in other states, the inefhciency OF the
law to punish crime is not due altogether to
the general corruption of the times, to venal
judges or interruptions lawyers, though these
have their influence, but in part at least to the
imperfect machinery which the law provides for
the trial Of persons charged with crime.
The general plan and framework Of this ma
chinery is derived from tie common law Of En-
gland, and differs essentially in its theories and
processes from that in use in other European
nations. American and English lawyers have
been accustomed TO take pride in this system,
and TO extoll it as almost the perfection OF hui
man reason. It is especially admirable, they
Al ~ 20
against oppression, particularly official oppres
sion. In this there is some reason. The Grim
inal law of England grew up in rude and yio-
lent times, when crimes were, in fact, as they
are now nominally, offences against the king,
who had great power and desired to increase it,
aud who, personally or by his officers, was al
ways watchiul to punish transgressions of his
laws as wrongs to himself and insults to his
crown and dignity. TO protect themselves
against a powerful and often vindictiye adver-
sary, the practical genius Of Englishmen con-
rived the system Of the criminal law, substan-
Tally as we now have it, and it was well
adapted TO its purpose. Its general OBJ
ject was and is theoretically the detec-
lion and punishment OF offenders against
the laws; except for this there would
be no need of criminal courts and trials; but
all its processes and maxims were so contriYed
as to make this in fact subordinate to the real
end which lis trainers had in view; to provide as
surance that no man should be najustly punish
ed. Its lavorile maXims are that a man is pre-
sumed to be innocent until he is proved guilty;
that man sholi not be required to furnish evil
dence against himself, and that it is better that
a thousand guilty persons should escape than
that one innocent person should be punished.
The spirit and methods of our criminal trials are
net adapted primarily to secure the conviction
of the accused if guilty, or even to discover the
truth without bias in favor Of either party, but
TO make sure that The accused person shall
escape if he may possibly be Innocent.
Tie safety Of tile innocent is a worthy object,
OF course; but it is not the only thing that is
desirable. As the chief end and aim of the
criminal law it is out Of place. When the great
and chief danger to be unprecedented was that the
powerful might use the forms of law TO Cypress
the weak, the best system for the time was thar
which would most surely avert this danger; but
when times and Institutions have 50 changed
that official oppression is no longer 10 be seri-
ously feared, and the real present danger is felt
70 be the inChiciency Of the weapons to which
the law restricts its ministers and the conse.
quent lmpunity Of powerful and cunning rogues,
then it is time that the theories and processes of
the law should be adapted to the present needs
OF society. II it is not yet necessary to adjust
The methods Of trial in such manner as 10 make
Il their primary object TO prevent the escape of
the guilty, it seems desirable 10 50 far improve
upon them that they may be reasonably
well adapted TO the discovery Of the whole
truth in regard to the matter under in
quiry, which they certainly are not
now The confession Of a defendant for exam.
pie, cannot be received in evidence against him
unless Il appears positively that nothing Of
what the law considers an improper inducemenl
was used 10 persuade him to if, aud then it is ae
conipanied with such safeguards that in most
cases it Is positively Of little value; the deien
daut IS always at liberty 10 prove in his own be
halt a good character, but the prosecutor cannot
except iu rebuual, introduce evidence 10 show
mat the defendants character was bad; the de.
lehaanl mas advantages in the impaDDeling Of
ihe jury and absolute unanimity is required in
ofaef 10 convict. These are only few examples
Of the leaning Of our laws to the proteoliop of
accused persons; Che spirit manifested in these
pervades the rules Of pleading, evidence. and
practice.
The system Of administering the criminal law
in continental Europe is quite different from
ours in is forms and the spirit which finds OK.
preston in them. Ours Is grossly unjust to
societyI theirs Is perhaps hardly fair to the de
fendant Ycl iis apparent unlairness, as il
seems to rs, is rather in is contrast to our owl
methods than in any gross violence to thu
natural princpesof right and justice. A French
Iial inily reported appears 10 Us udcrous anc