The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-12
Some Weak Spots
in Criminal Law

lThe Pittsburg Dispatch some time ago
printed a series of articles evidently by
member of the bar pointing out con-
spicuous defects in present legal Gus
toms, The series as a whole was most
interesting and, to laymen, instructive;
ana as a sample we reprint the follow
ing objections offered by this author to
some existing forms and consequences of
criminal practice.l
Our criminal Jurisprudence is a marked
instance of clinging to old customs.
When the method of making the accused,
so FAR as torture and bodily discomfort
would avail, be witness against him
self, gave way to the fuller assumption
that man was innocent until he was
proved guilty, every precaution was taxi
en- to prevent intimidation or the con-
Vlctlon OF an innocent man. This eau
tion seems to have increased until, with
the greater aids to the criminal, there
is no doubt that crime is foStered by the
many avenues of escape from punish
ment. Witnesses find themselves solemn
ly swearing that "they will tell the truth,
the whole truth and nothing but the
truth" and utterly constrained from
obeying any but the last clause. The
attorney who calls them carefully keeps
his questioning within certain limits The
opposing attorney cannot call upon them
to tell all they know that is relevant to
the matter. He has to confine himself
solely to questioning them closely on the
statements they have made. 1t may be
quite within the absolute knowledge of
one attorney and the reasonable surmise
of the other that the witness possesses
valuable information untold, but the skill
full manipulation of the witness attor-
ney has effectually shut 1t off. The hon.
est witness finds himself often leaving
hn gtn nd itl oil lra1a mt ncti
mony, which the attorney who called
him, by his direct examination, kept un-
der cover, and the other attorney dared
not risk calling forth by also calling him
as witness, not knowing exactly what
he might say, but knowing surely that
he would at once be considered "his wit
ness" and any adverse testimony would
have a doubly disastrous effect.
The suspected infractor of law is pros
ecuted by an attorney salared for that
purpose, occupying the position of cham
pion of the laws. There is no expecta-
ton on the part of the public that he
shall secure the conviction of any inno-
cent man. If it were known he did so
for any reason, his condemnation would
be utter. When a suspect cannot or does
not secure an attorney to defend him.
counsel is provided for him by the court
1t would seem an excellent thing, in view
of the theory that he is innocent until
he is proved guilty, that he should not
in criminal case be put to large cost
to demonstrate his innocence, but that
his counsel for defense be furnished him
at the public cost, as surely as the pub
lie paid the cost of assuming his pos
sible guilt. Such a defender would have
no special reason to defend him beyond
what the circumstances warranted. III
he believed him innocent, it would be
his duty to make every effort to secure
his acquittal. If he was assuredy
guilty, it would be no part of his office
to shield him. 1t would be his simple
duty to see justice done fairly, upon the
fine lines accepted by the law student,
that his client should be entitled to all
the protection the laws gave him, thus
far and no farther"
The attorney who practices in the Grim
inal court generally finds 1t the severest
possible strain upon this noble theory
of law practice. The client is profitable
in proportion to the certainty of his
guilt, and that criminal lawyer secures
the largest clientage who becomes no
torious for his success in relieving him
from the meshes of the law. The more
heinous the crime and stronger the evil
dence of IL the greater the reputation TO
| be made by SECURING an acquittal. In
the salient cases there need be no large
we'll worn statutes and precedents COW
| er the legal ground. The success of the
| attorney lies mainly in his address. His
appeal is less to the bench; more to the
| weaknesses or prejudces of the jury. One
who can select the weaker or more easily
affected members and make direct APP
peal to such weaknesses or preJudices Is
| effective, the necessity for a unanimous
| II makes his one weak man very giant
| encompassed by a. the impressiveness OF
| court surroundings, an appeal by name
| to an obscure juror is almost irresistible
| With an eloquent pleader the unobjec-
| tonable appeal to their sympathies and
| their dreadful responsibilities In cases OF
| life at stake have great and just weight
| But the practice does not mainly take
| these high flights, but contents itself will
| the weak spots of weak jury. In the
ambition to excel in this chosen line OF
| life the unpleasant features of such sue
| cess are over-sloughed or ignored.
| o
| 1t is not pleasant in such practice tC
consider that the attorney Is forced tC
| much association with the dregs of meT
| at their worst, ana in the planning o
| crime is an unconscious silent partner
because of his assured aid to prevent
| punishment. In no other branch of Law
| practice is there such temptation to open
| ly accept this position. II is not pleas
ant, but quite possible. TO suppose tha
your legal friend smokes a friendly cigal
| upon your porch one evening and tn,
next day exerts his largest ability TO ac
quit the burglar who has climbed up thu
pillars and robbed you of your posses
sions and periled your life.
FAyORs HOME INVESTMENTS.
From the Wilkes-Barre Times.
The fact that over one million dollar