Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-06-20
METHODS or ATTORNEYS

METHODS or ATTORNEYS,
The recent Patterson prosecution IN
New York brought 10 the 'front.' q prac-
tlce which we consider condcmnNblo
from every rational and moral stand.
point The prosecuting attorney IN that
ease received many fierce criticisms
from individuals and from the pross,
for the unrelentIng spirit which he
manifested and the methods he adopted
TO procure the conviction Of tho Ho-
cused, IN which he failed IN both the
trials that were had, the Jury disagree
Ing IN e0ch instance.
The browbentlng style " the ntior-
ney, his evident attempt to ignore on
Suppress everything favorable 90 the
defendant, ana the extreme measures he
enforced In bringing witnesses by oS.
tradition and by accusing them Of COM
spifaoy IN order 10 force their attend
ancc, tknowlng that he could not COM
Wet them OF tho oilonso chnrgod) IN
order 10 secure their presence, and the
whole manner OF his determined en-.
dcavors To bring the defendant to cap.
ital punishment, evoked feeling OF re-
sentiment and Indignation, not only
from the friends OF the accused but
from u large portion Of the general
public,
We have long been of the opinion
that n change ought 10 be made IN the
manner OF conducting criminal trials
particularly IN the examination Of Wit
ncsacs, and IN the ondcayora made TO
innamo ana bias tho minds OF jurlos,
and fofoc conviction when tho oyl.
donce n inoonclusyc. Tho duty OF q
public prosecutor does not extend TO
such extreme methods II II q coward.
~ practice to ondouvor wlfully, to
confuse a witness, No no 10 cause him
10 appear 10 contradict himself 10 try
20 cover him with opprobrum and to
inputc 20 him improper motives and
conduct, Ia attack n defendant and
cover him with obloQuy IN language
that the attorney would not dare 10
use II he had not the Victim Mt his
mercy In n place whore he could not
lciollnlci or TO pursue the accused In
Il vndlotiVc and malicious manner to
ronvict him whctcr guilty or not. Such
tactics are contemplate and ought to
be suppressed,
We think II ~ within the power Of
courts 20 put stop To that kind of
pleading, ana that IL IL heir duty 10
protect both witnesses and defendants
from such assaults, II is expected Of
course that public prosecutor win do
his utmost TO present the case Of tho
people M against nm individual accused
ot crime, But the state ana the people
nre not 80 much Interested In
the conviction OF AN accused
person az TO require hls pun.
lshmont unless hls Rulli is clear
ana demons,rahlo, society Is not bone.
ntiod by Imposing penalties upon AN m.
nocent person and conscientious, fair
ana lnet prosecutor should ho m much
dosllQus of establishing the truth In
" case whom II would acQuil the de-.
fcndant ~ IN offering that which would
result In hls conviction n IN not tho
business Of prosecuting attorney to
secure the conviction Of one accused "
crime simply because he is IN that un.
fortunate position
We find tho following excellent ro-
marks on this subject IN Law Nolos for
juno, 1905 ana commend them to the
careful attention, both of lawyers and
Of courts,
"The tuc functions Of prosecuting
attorney IN criminal matters can he nut
INTO u nuteh'll Tho criminal prosocu.
tor N the representative Of tho people
NJ large on tho state Ito IN I'm ngGnt
working for his principal AZ such he
must bo ever wttohfu NJ hig nrln.
olpals interests, rather than Mis- own.
lie must sock to serve TIM people, not
himself The personal element must
nlwANs remain n The background.
Bearing This IN mind what are tho In,
ttl'hle OF lno Nlulo M u criminal prose-
cutionY certainly moi revenge nor "A
conviction for crime IA an hazards, nor
the building up Of a professional lopu.
iniion Tor tho prosecuting attorney The
state desires merely to ascertain, be.
You'd all shndow of doubt who IA the
guilty party, and IN order 10 asccrtain
tbs, II becomes tho duty Of the states
attorney TO gather all the facts con.
n,cted with the commPsIon Of a crime
nnd present Thorn frat TO a grand, And
then TO u petit jury, for their consider
alton and deduction II thepo hlrlo,
shall agree In declaring certain pcr.
ton 10 be the criminal, the State win
punish and not othorWige2 Ii IA en-,
ilrcly ImmNlerlal what the prosoouto,
may believe personally or what M,
theory may be 0a 10 the commission nj
The crime. His theory " Ut value oni,
10 tho extent that the jury agree viii
him, freely ana without computation
How many prosecutors, u may We ask
I'd, bear those truths IN mind when Inc,
enlor upon the conduct Of n crimna
irielY