Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-03-12
LACK OF PUBLIC
MANY INNOCENT
Rights Of Men and Women
Falsely Accused Are Not
Protected Sufficiently
In Present System.

as public DEFENDER" which
official should be q sworn officer whose
duty 1t should be to defend persons &C.
cused Of crime when such persons are
financially unable to retain proper and
competent counsel In their behalf, con-
templates a radical departure in our
system Of criminal procedure and an
additional safeguard to the rights and
liberties Of persons who may innocent
" fall into the meshes Of the criminal
law, says Mayer c. Goldman Of the
New York bar in Case and Comment.
There are those who believe that un-
der our present method applicable to
the trial Of criminal causes those &C.
cused Of crime are already too care
fully protected by various legal pre-
sumptions and technicalities, and they
believe that the administration Of the
criminal law in our courts Is highly un-
satisfactory, unnecessarily expensive
and unduly protracted.
Truth Is First Consideration.
assume that the majority Of right
thinking men and women believe that
the ascertainment Of the truth is the
cardinal consideration in the trial Of
. case. whether civil or criminal, and
that in a criminal case. where the life
OF the liberty Of defendant Is in
volved, any and all legitimate means
which can be devised to bring out the
truth In the particular case under con.
alteration should be resorted to to &C.
complish that end.
The prosecuting attorney is n public
officer. because he represents the SOW.
ereign power Of the state, by whose au.
thority. and In whose name, under the
constitution, all prosecutions must be
conducted. He is part Of the machin-
cry Of justice, although by the very ma
ture of his official position he is bound
10 be. what the title Of his Office im.
plies. prosecuting officer and more or
less partisan. 1t Is matter Of COM
mon experience among those who have
had occasion to observe the atmosphere
Of criminal trials, that the prosecutor
10 often carried away by his excessive
zeal to obtain a conviction.
A defendant in criminal trial should
not only have the right to be defended
by counsel. but he should have the
right to be defended by counsel Us able,
- dignified. Us respected. Us independ-
ent and with the same prestige Of the
state behind him. to unearth and fer
ret out evidence and to produce wit
nesses In his favor. rs the district at
torney has with the machinery Of his
powerful Office
Disadvantages of the Poor.
1t is an indisputable fact that while
a defendant of financial means can and
does employ high class and expensive
counsel to defend him, the poor and
ignorant defendant, without means or
Intelligence and perhaps n stranger to
our laws AMI customs, l.; compelled to
wage an unequal contest against the
great forces OF the state arraycd against
him. 1t is true that the courts do up.
point lawyers to defend persons charg-
ed with crime. without compensation,
and that on rare occasions distinguish
ed counsel is appointed to defend pris-
oner. but such assignments as a gener-
al rule go to young and inexperienced
attorneys. or very often to the criminal
practitioner who happens to be in the
court at the time. and who. as rule.
Is not very keen about accepting such
uncompensated assignments. For some
years past there has been law In
New York by which counsel assigned
to defend persons charged with homi-
eide are entitled to receive compen-
satiOn Of $500 for the defense Of such
a case, but that sum is frequently tn
adequate.
The fact that to send an innocent
person to death in penalty for MUIR
der which he did not commit is very
tragic and terrible matter does not de.
stroy the seriousness Of the fact Of
sending another man to prison Tor even
a brief period on conviction for mi
nor crime which he did not commit.
1t Is not fair to the lawyer or to the
prisoner that the former should be re.
quired to devote his time, skill and best
efforts to defense without receiving
fair compensation.
Benefits of Public Defender Plan.
contend that. with u public defend
or charged with the duty. Of defending
people accused Of crime. the following
benefits, among others, would accrue:
First.-That the rights Of defendants
IN criminal cases would be better pre-
served.
Second.-That their cases would be
more honestly and ably presented.
Third.-That there would be fewer
interruptions and perjured defenses.
Fourth.-That our prisoners, poor or
rich, would be placed upon true
equality before the law.
Fifth.-That the truth In any trial
could be more satisfactorily established.
Sixth.-That there would be less op-
portunlty for disreputable attorneys to
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