Courts and Criminals by Arthur Cheney Train
page 56 of 266 (21%)
page 56 of 266 (21%)
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Third, a trial which lasts for a long time naturally results
in creating in the jury's mind an exaggerated idea of the prisoner's rights, namely, the presumption of innocence and the benefit of the reasonable doubt. For every time that the jury will hear these phrases once in a petty larceny or forgery case, they will hear them in a lengthy murder trial a hundred times. They see the defendant day after day, and the relation becomes more personal. Their responsibility seems greater toward him than toward the defendant in petty cases. Last, as previously suggested, murder cases are apt to be inherently weaker than others, and more often depend upon circumstantial evidence. The results of such cases are therefore an inadequate test of the efficiency of a jury system. They are, in fact, the precise cases where, if at all, the jury might be expected to go wrong. But juries would go astray far less frequently even in such trials were it not for that most vicious factor in the administration of criminal justice--the "yellow" journal. For the impression that public trials are the scenes of buffoonery and brutality is due to the manner in which these trials are exploited by the sensational papers. The instant that a sensational homicide occurs, the aim of the editors of these papers is--not to see that a swift and sure retribution is visited upon the guilty, or that a prompt and unqualified vindication is accorded to the innocent, but, on |
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