Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1898-07-14
The Riahts of Prisoners.

During recent trldl III Ee661 county,
Judge Fort laid down rules of practice in
the court for future reference of lawyers
and for the benefit of police justices, justi-
ces of the peace and prisoners brought
before them. He said -
There is no authority in law for a
Justice OF the peace to ask a man whether
he is guilty or not guilty. They have no
right to do 50.
1T is violation of the very fundamen-
tai principles of the rights of defendant
on criminal charge to ask him whether
he is guilty or not guilty, and bold him
responsible, until he has requested to have
a trial.
THE only thing justice has right to
ask him is: Here is a charge against you.
Do you desire to give bail for the Grand
Jury. or do you desire TO have an examina-
ton? p
There is no right whatever to ask him
as to his guilt, or make any remarks in
connection with his guilt If a magistrate
obtains evidence from defendant in that
way, it is iDadmissible
The rule, as | understand the law land
the court has taken considerable trouble to
investigate it,, was laid down by Justice
Depue in the MaIinak cases, after good
deal of conference on it between Justice
Depue and myself when the question was
raised.
q The rule is this: A magistrate, when
a man is being charged before him, or
when he is sitting as a magistrate and
prisoner is before him, can receive no ad
mission which can be used as evidence
against the prisoner unless the prisoner is
first openly warned that anything he may
say may be used against him otherwise it
is incom etent
AS to the police officer arresting man
the rule is different in this country although
it is not different in England
If the statement is made to an officer
voluntarially, without solicitation on his
part, and not in answer to any question
which draws from the prisoner reply and
made under circumstances which would
indicate that the statement was voluntary
then the statement is admissible.
When man stands before a bar of JUS
tice, like police court or justice of the
pc zee, when he is charged with crime, he is
presumed 10 be under duress, and the
practice, am informed, in this city has
heen-I have never had an opportunity to
refer to it. as | do in this case, until now
guilty.
There is no excuse for it. 1t is wrong
to every prisoner, and it is violation of
every principle of the administration of the
criminal law In the Newark police courts
the Judge may say You can have trial
before the police judge. Do you desire to
be tried on this charge before this court 2
if it be triable before him.
Then, at the time fixed for the trial
openly, or at future day, they may charge
the man, and ask him whether he desire TO
plead to the charge, guilty or not guilty,
substantially as the court does here on
accusations against prisoners, but until the
accused requests to be tried the police JUS
tice has no right to ask him to plead guilty
or not guilty.
Under the law which went in force
on the 4th of July last, The law has been
changed, so far as the police courts are con
cerned, so that when prisoner says he de-
sires to be tried before the police court the
clerk of the court is required to prepare an
accusation in writing, and trait accusation
must he read to the prisoner, and on that
accusation prepared by the clerk the pris-
oDer pleads.
So that, hereafter in an ordinary COM
plant there will be no excuse for asking
man whether he is guilty or not guilty
l have made these observations for the pur-
pose of breaking up practice which never
ought to have been followed"