The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1922-08-29
JUSTICE AMI CELEBRITY

Celebrity of disposal of the Guild case has aroused criticism in
some circles because the operations of the law are not always so
speedy. All within one week came the announcement of the de-
facations, presentation Of the case to the grand jury, inducements,
arraignment, pleas, sentence and the beginning of incarceration.
The rapidty with which events followed one upon the other to the
elimination was unusual but sc were all the facts that surrounded
and entered into the case.
stance of last week the defendant admitted his guilt from the out
set and sought to interpose no delay, advised or recognizing that any
efforts in that direction could not change the ultimate result. Had
the defendant pleaded not guilty his trial would have come at the
earliest several weeks later. 1t would have taken time to prepare
the case for presentation and when the cas- was set for trial it would
have been possible to have secured postponements on the plea that
condition of health was such that appearance in court would en-
danger the life of the defendant. In this particular case the de-
PENDANT and his friends recognized that only added disgrace to the
burden of the family of the guilty man could result from a going
over of the whole matter again at a later date. He deserved no
credit or ienency for taking the action he did. And further the grand
jury was available for an immediate hearing which saved a delay
of several weeks in securing an Indictment.
The law is designed to serve a dual purpose, to see that punish
ment is melted out to the guilty and to make sure that an innocent
man shall not be rairoaded into prison. In a sense those two func-
tons conflict for 1t Is impossible to offer safeguards to the innocent
who may be under accusation without throwing up ramparts behind
which the guilty may take refuge for a time. The accused whether.
guilty or innocent has the same right of defense, the same right to
trial, the same right to present his case, the same right of appeal
to a higher court. Like all humanity and that which is of humanity,
human law is faulty and falable. Occasionally the guilty are able
to escape paying the penalties of their crimes and more often they
are able to delay payment. Again it is possible to sail very close to
the limits of the law and to indulge in practices that are very close
y are morally wrong and get by.
An affair like the recent one makes the average citizen feel that
always justice should be Is sure and as speedy but when, as very
occasionally happens, it developes that an innocent man has served
months or years of Imprisonment, quite as loud criticism of the law
is heard.
There exists a feeling that it is better that nine guilty men
should escape rather than one innocent man be punished mjustly.
The upright citizen wants a wall of protection raised about him so
that he may not have to suffer from the Vaccinations of the criminal
element which would not hesitate to make a scape goat for them
selves of another if they could. Hence it is that the majority is
willing to tolerate the apparent slowness of the operation of the law.
If a criminal thinks he has anything to gain through delay, he
will seek to interpose the technicaities that are designed for the pro-
lection of the man who may be wrongly accused. If he recognizes
that he can gain nothing by delay, he enters a plea of guilty. If
there be any eXtenuating circumstances they cannot be shown clear
ly except in the course of a trial.
The critics of the law should look a situation over thoroughly
before voicing any criticism and take into consideration all the cir
cumstances that make its operations appear at one time swift and
certain and at another exasperatingly slow and doubtful.