The Washington times., 1938-06-01
".Justice" in Russia


Of Justice of R.. distributed in U. s. A. by
Bookniga Corp, 75c). 500
WE'VE had good deal to say about the shortcomings
w of American courts-ther unconscionabe delays
in cases affecting the welfare of millions of people, the
gaping loophoes clever criminal lawyers have been per-
mitted to tear in system of criminal justice and
30 on. We aren't taking back any of those remarks.
But having read the above described book, we'll say
the United States might be lot off far as
courts 60.
The book is the verbatim report of the March 213,
1888 Moscow trial of Nicolai Bukharin, A l. Rykoff,
Christian Rakovsky G. G. Yagoda and IT other Rights
and Trotskyies on charges of high treason wreckng
sabotage and what have you. The trial. most of US
remember ended in death sentences for most of the
accused and long prison terms for the others.
We recommend the book perhaps the most fascin-
atng farrago put paper since The Count OF Monte
Cristo" as an indictment of 'justce practlced IN
Russia under the Sovets and as an unexpected test
rnonia to the administration Of justice in the United
States.
In American courts there are certain rules regard
ing what may and may not be admitted as evidence
We know only few of these, and only in general way
. Hearsay for instance, is inadmisslble
A"'e!tc" Attorneys cannot put leading questions
'"S'ce to witnesses. Confessions made under
duress (third degree, etc.,, tossed out soon
duress proved Suspects entitled to have their
attorneys present at examinations before trial or IN
dictment And so on-simple rules on the face of
them though each one of them took centuries in the
making, in the courts of England and America.
Their purpose is to protect persons in court from
being unjustly done out of rights liberty or life by
jealous prosecutors-though they overworked and
abused by many criminal lawyers in many cases.
in have
his record of proceedings before the Military Colegum
of the Supreme Court of the u S. S. r. to give the
stoto Hoe All court its full tltle' .,
ot0te HaS a." The "trial' itself is more like
VI Me HIg"'S play, inasmuch as the defend
ants have been carefully coached in preliminary
amnations lasting for months In open court hearsay
is perfectly o. K. at third fourth hand. If
tesfyng defendant forgets his lines the prosecutor
prompts him. If he gives what the prosecutor
sders incorrect answer, the prosecutor says, mo;
this correct" puts his record, and says
"Now, my friend, will go to the next question:.
Bullying of defendants and witnesses by the prosecutor
in the fercest and most unfair language goes without
objection from the Russian judges. A few of these
defendants had attorneys but this so-caed defense
council seemed chiefly bent helping its clients to long
Jail sentences which their ages they could hardly out
live. There suspicion of fight such Samuel
Lebowtz the late Clarence Darrow would put up for
0 client in an American court.
In short the state has all the rights in the Russian
courts, and the accused has He is presumed
guilty until he proves himself innocent; and if the state
meaning Comrade Stain-wants him shot, it obviously
takes good that he shall be unable to prove nno
cence.
WE'LL that's another aspect of desposm for you. Just
as dictator cannot tolerate freedom of speech Of the
press so evidently he cannot afford to maintain courts
uu.noo:t;oo which even pretend to give both sides
to a dispute fair hearing.
Of DIctGtOr Especially can dictator not main
tain fair and impartial criminal courts. dictator has
to beat his enemies the gun in every crisis lose his
power and probably his life; and the courts must be
used of his nstrumentalities for beating his
enemies to the gun
Capitalism has its defects and have courts.
But the more one learns about Communism, the less
Communism looks like substitute for capitalism that
the American people could tolerate.
CFromt the New ork