Democratic Sentinel, Volume 11, Number 29, Rensselaer, Jasper County, 19 August 1887 — THE ADMINISTRATION OF JUSTICE. [ARTICLE]

THE ADMINISTRATION OF JUSTICE.

Thing* Necessary to I!e Done If Civilization Is to Survive. Of the things necessary to be done to save our civilization, the first and most important is to cause a complete cfiange of attitude on the part of society toward wrong-doing. What is now the attitude maintained ? It is one either of indifference, toleration, or emmiv-uce, or one suggestive of paralysis of the power of indignation, and of every faculty needed for the f«»n‘e«sion of crime. Toward the criminal the attitude of the public is that of w. a’: pity, not unmingled with admiration. The criminal is an unfortunate man, to save whom from puni-hment scvms to be the chief end of the law. Look for a moment at his trial in a court of justice. The jury, carefully selected for their ignorance, are made judges of both law and fact; to convict they must be unanimous; if they have a reasonable doubt of guilt, they must acquit ; they are themselves to determine what is a respectable doubt; and to crown all, they are instructed t at it is better that ten guilty men should escape than that one innocent man should be punished. These rules and maxims, devised centuries ago by merciful judges, then met the ends of justice, since, as the laws were, as against the crown officers, seeking to convict, a person accused had no chance of acquittal, for ho was allowed neither counsel nor witnesses; but., now they operate to screen the guil’y from punishment, save in a few eases where there is a general cry for vengeance against some atrocious offender. The maxim about the ten guilty men is pressed upon juries by every felon’s lawyer as the great safeguard of private rights. lu-truth, however, the interest of justice would be best subserved by making it read: “It is better tlm; ten innocent men should suffer than that one guilty, man should c. v ” VAre that declared to be ;• 'my of the law juries would be n. ’. r. .t that the innocent wc-volw-- u..!-.v.rving than before of acquittal, but that the guilty were a hundred ti, :es more deserving of conviction and punishment; and the result would be most salutary. In not one case in a million could an innocent man suffer; and hardly one in a thousand of the guilty, instead of three out of four, as now, would escape. How necessary- such a change of attitude is, may be seen from the constant recurrence of voluntary movements of private citizens inter deG to supply the defects of the law. Because great criminals generally escape punishment, lynching parties are of weekly occurence in our country. Citizens’ associations have been found necessary to secure the execution of our municipal laws. From the announcements constantly appearing in the public journals that from such a day laws, long in force, but left unexecuted, would be rigicfly enforced, one might infer that the duty of an executive officer is to cause the laws to be executed when ho pleases to do so, or not at all, if such be his will. — Judge Jameson, in North American Beview.