Arizona republican., 1905-07-17
The Defendant I'm Criminal Cases

The Defendant In Criminal Gases
 In his recent speech at New Haven on the administration of criminal law Secretary Taft advocated a number of changes to the end that justice might become more certain and speedy in its operations.
 With this general purpose all good citizens will agree. The delays and the tangents and the abortions of criminal procedure frequently amount 10 a public scandal and abuse.
 But in Judge Taft's speech and Dis trict Attorney Jerome's comments On 1t. especially in the latter. there is evident that peculiar professional slant which so commonly distinguishes the average prosecutors point or view; that is. that conviction of a de fendant, not the ends of truth ana justice. is the main objective. Of course every right minded man would resent such an imputation; but it is too manifest ;n nearly every important trial to be danied.
 MT Taft" says Harper's Weekly. pointed out the absurdity of permit ting q defendant to take the witness stand but not compelling him to do SO" If Judge Taft was able to show any "absurdity' in that, in view of the laws presumption of innocence until guilt is proven. he would be equal to the demonstration that black is white. District Attorney Jerome is quoted by the Weekly as follows: How absurd fl is to have a defendant sit by during his trial and speculate on the peoples case. and then. if he finds it weak. stay off the witness stand, but if he feels that he can beat it by taking the stand. go on in his own defense! Can't this community trust it's own judges to give any man a fair trial? How much better it would be to allow the prosecution to call him if he didn't want to take the stand"
 There you have the prosecutors bias against the defendant as a defendant not necessarily as a guilty man frankly and nakedly presented. That is a curious question as to a commun- ity trusting its own judges" The community by it's laws has shown that along many important lines it will trust no man. not even the judges of it's highest courts. It has hedged in the courts themselves as we'll as prosecuting attorneys with constitu- tionaI and statutory provisions over which they are forbidden to pass. Justice is too sacred, and human na- ture. even among the most eminent and sincere. is too frau for the pub lie to leave the liberty and lives of it's citizens exposed altogether to indi- dividual judgment, or prejudice. or ca price, or passion.
 In the public mind there is an in tense and irremovable aversion to any application of the inquisitorial pro- cess by the police or by the states attorney or by a court to a person ac- cused of crime. Conviction by circum- stantial evidence is permitted because conviction in many fragrant cases of guilt would be impossible without 1t, but society will draw the line on the proposal to give the states attorney or any court the power to force a de- fendant to convict himself. Appar- ently some prosecutors are so eager 10 convict that the question of guilt or innocence becomes iny their esi- nation a secondary matter.
 That there is need of a reform in the administration of criminal law, a reform which will expedite justice and simplify procedure in many ways, is evident to the lay mind even more, perhaps than it is to the legal pro- fession; but there are certain safe guards thrown about citizens forced by circumstances to defend their lib- erty and their lives In the courts which should not be and will not be abolished not even to please the eager ambition of public prosecutors.