Evening star., 1923-06-03
Put Justice, Not Success,
First, Lawyers Are Urged

has never weakened on this. No
English barrister has yet been able
to get away from his own RESPONSE
biiity for the administration of JUS
tice or succeeded in laying his re-
sponsibility. exclusively upon the
court.
sometimes think that IL there
were less teaching of technique and
more Of ethics in our American col
leges of law some of the failures of
justice might be avoided. The law
yer might not grow so rich. but he
certainly would have an easier con-
science. An unfortunate client would
find himself still more unfortunate IL
his lawyer. discovering his guilt and
unworthiness, would frankly 80 in
form the court. This might bust up
law business, but it would help to
bust up crookedness also.
X
The element of chance always ex-
lists In the trial of a criminal cause,
but the law itself ought not in any
way to add any chance. The inno-
cence or guilt Of the defendant should
not be Of secondary Importance to
the relative skill of counsel. The
rights of the commonwealth and the
liberty Of the accused are something
more than mere pawns in a game be-
tween a prosecuting attorney and a
lawyer for the defense. Yet IL is i'm
possible to establish an idealistic set
ting because of the commonly ac-
cepted theory that ii is the business
OF the prosecutor to convict and OF
the defendants attorney to bring
about acQuittal. Unmindfulness OF
the fact that every lawyer is an off,
Ger OF the court. whose sworn duty
1t is to aid in the administration OF
oh oh
dition.
1T seems quite difficult for people
to understand that criminal laws are
enacted for the protection OF the
state. and that these statutes are not
instruments with which to adjust per-
sonal grievances and to remedy pri-
vate wrongs. AS matter of fact.
they are frequently made the avenues
along which private wrongs travel
TO destination. In many of the
Jurisdictions of this country when a
crime has been committed the injured
persons employ the best lawyers OBJ
tainable to assist In the prosecution.
And. of course, the flower of the pro-
fession is employed to conduct the de-
Tense. Men now insure their proper
ty with the understanding that il 1t
Is stolen the insurer will prosecute
the thief to the limit of the law, and,
on the other hand, there are associa-
tions which pledge that. regardless of
the crime charged, they will come 10
the defense of the accused.
Y x
The clear distinctions between the
civil and criminal law should be
scrupulously maintained. particularly
in the administration of the criminal
law. We should never get away
from these facts: That the crime
which was committed was a crime
against the state; that no law has
been enacted permitting criminal
prosecutions for the rectification Of
private injury; that it is always the
peace and dignity of the state which
are to be maintained, and that for
breach of its peace and dignity pun
ishment is TO be imposed. No person
should be permitted to join in the
prosecution OF a man unless he shall
have been appointed by the court
and paid by the state. and conversely,
no one should be permitted to defend
a man unless regularly employed by
the defendant or his family. or assign
ed by the court. If it is argued that
under such procedure smart prose-
cutting attorney or a brilliant lawyer
for the defense would have things his
own way. / repeat what | earlier
stated, that the crime. If one were
committed, was a crime against the
state. and that all lawyers. whether
appearing for the prosecution or the
defense. are first Of all officers of the
court.
II prosecutors would cease to be-
lieve that their business is to con-
vict. even though innocent men are
on trial. and II attorneys would come
to realize that they have no right to
secure acquittal of criminals by su-
perior knowledge or skill, the admin
istration of criminal justice would be
benefited. The joint opinion of the
judge. prosecutor and lawyer for the
defense, all skilled in the law, would
quickly and properly establish the
guilt or Innocence Of the defendant.
The guilty man would not be wholly
deprived of a defense. He would be
permitted to show extenuation on the
question of punishment. The laws
delay would end 1t would render
conviction surer, and crime would be
reduced as the certainty of convic-
ton grew. After all, certainty, not
severity. is the goal toward which
the criminal law should move.
Copyright. 1923. by 21st Century PressD