Rensselaer Republican, Volume 16, Number 38, Rensselaer, Jasper County, 29 May 1884 — THE ADMINISTRATION OF JUSTICE. [ARTICLE]

THE ADMINISTRATION OF JUSTICE.

Thlnga-Neceasary to Be Bone 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 change of attitude on the part of society toward wrong-doing. What is now the attitude maintained ? It is one either of indif-

ference, toleration, or connivance, or one suggestive of paralysis of the power of indignation, and of every faculty needed for the repression of crime. Toward the criminal the attitude of the public is that of weak pity, not unmingled with admiration. The criminal is an unfortunate man, to save whom from punishment seems 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 that 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 he was allowed neither counsel nor witnesses; but now they operate to screen the guilty from punishment, save in a few cases 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. In truth, however, the interest of justice would be best subserved by making it read: “It is better that ten innocent men should suffer than that one guilty man should escape. ” Were that declared to be the policy of the law juries would be made to feel, not that the innocent were less deserving than before of acquittal, but that the guilty were a hundred times 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 intended 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 rigidly enforced, one might infer that the duty of an executive officer is to cause the laws to be executed when he pleases to do so, or not at all, if sucih be his will. —Judge Jameson, in North American Review.