The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1914-07-24

SincA time irnYnemorial the office OF
public prosecutor has been a fixed and
ZANZIBAR institution. The business of
the person holding this office is to
prosecute alleged violators of the law
and 1or thasshe is paid from the public
funds.
70 40 now suggested. and a Califor-
mia county has put the suggestion into
effect, that a public defender is in
many respects just as essential as a
public prosecutor. The Saturday Eve
ming Post. which seems inclined to
favor the idea, discusses 1t as follows:
At the beginning of this year Los
Angeles county, California, under the
provisions of q new charter, appointed
q public dofender-a salarfed officer
| charged with the duty of defending
persons accused OF crime in much the
same way that the states attorney is
charged with the duty Of prosecuting
them.
Nine times out Of ten a poor man
protection by the laws. Against him
appears an experienced lawyer, and in
command of ali the police resources
of the community. In preparing the
prosecution he can go to whatever
pains and expense he deems neces-
sary. Often the court. recognizing his
public character, Is Inclined to give
him as much freedom as the law will
permit.
The poor defendant must take such
legal talent as his purse can pay for
or as the court may assign to him. Any
considerable expense in preparing evil
dence on his side of the case is out
of the question. II he is penniless the
court will appoint an attorney to de-
fend him-often some inexperienced
young practitioner. Or If he is an ex-
perienced practitioner, 1t cannot rea-
sonably be presumed that he will take
the same time and pains in preparing
a defense for which he gets little or
we'll paid-for his livelihood depends
on his fees.
The poor defendant goes before the
jury at a disadvantage; but every de-
criminal court at an enormous disad-
vantage as compared with the prose-
cution. which has all the resources of
the community on which to draw.
In thousands OF cases the defendant
has been acquitted but ruined by the
cost OF defending himself. For any
man in modest circumstances to be
charged with felony involves a loss
of money and of standing that would
be adequate punishment for any ex-
jury man pronounce him not guilty;
but he has suffered an irreparable in
jury.
In theory, and usually in practice,
the pubic prosecutor is careful not
to prosecute a reputable person-un-
less there IL strong presumption of
guilt: but strong presumption does not
constitute guilt. Court records show
that thousands Of men are prosecuted
and acquitted. Every one of them who
10 not so rich that the costs are of no
consequence, nor so tough skinned
that the stigma OF an indictment does
not hurt, has suffered a great injury.
( The law presumes every one inno-
him. just the same. II the presumption
Of innocence is to have any real sig
nificance there must be in every juris-
diction q public defender, ready to I'M
dertake the defense Of any accused
person who calls on him.
This seems to be very we'll put, and
the logic is irresistible. Equity before
the law is a fine thing to talk about,
but where Is the equity in the case
OF poor man charged with crime
when the state employs a high-priced
lawyer to prosecute him and he must
depend for defense on whatever legal
talent his small means enables him to
employ?
1t is bad enough in the case of a
man who is guilty, but where an in
nocent man is charged with crime he
should be entitled to much better pro-
lection than the courts now afford
him.