Double danger to individual rights. Hart, Actual meaning of the laws but of the constitutions as well, and if they are corrupt or are subservient to any particular interest or set of persons, justice will be "sold, delayed, and denied," and the fundamental rights of freemen will be refused to us. An ignorant or prejudiced judge is but little less dangerous to the public welfare and to individual security than a corrupt justice, and every possible precaution must be taken to secure men of ability and judicial temperament as well as of integrity. When, as is the case in most of the States, the salaries paid the highest judges are but a tithe of the income of prominent lawyers, the honor of holding the position must be made the chief attraction to jurists of ability. If we elect as judges men of inferior standing, men whose business is politics rather than the law, or men who seek places on the bench through dishonorable means and who use them for personal or partisan ends, we must expect a judiciary that does not command respect, and which, in the long run, will defeat the popular will and bring our free institutions into disrepute. THE PROTECTION OF INDIVIDUAL RIGHTS 102. Protection through Bills of Rights in State Constitutions. These courts have especial charge of that very fundamental duty the protection of individual rights. Life and property may be threatened from two important sources; —(1) the acts of other individuals who wish to do us bodily injury or gain, by unjust means, possession of our property, and (2) arbitrary or despotic action on the part of government officials, chiefly executive officers, who invade people's homes, arrest or imprison men arbitrarily, or rob them under disguise of collecting taxes. All history shows the peril and the disadvantages of governmental interference with individual liberties. The means of protecting individuals from government we shall consider first. When the American colonies separated from Great Brit rights. ain in 1776, they felt the need of protecting individual Our state rights from the arbitrary action of any government. In bills of consequence, the States adopted as parts of the new state constitutions "bills of rights," which aimed to prevent oppression of the citizens by the new state governments. The provisions of these bills of rights have been made more and more specific, so that those of to-day are valuable safe-. guards of personal liberty. When we realize that, under our federal system of government, the state and local governments make and execute almost all of the laws that are concerned with our everyday affairs, we can appreciate the need of guaranteeing to the individual freedom from interference in his home, his religion, and his business, by local and state authorities, as well as the need of assuring him every opportunity to secure justice in civil or criminal suits. All of this the state bills of rights are intended to insure to the citizens. 103. Civil Rights in State Constitutions. While the right peaceably to assemble and petition the governments is one not likely to be interfered with, most of the state constitutions expressly prohibit its denial. A still larger numberin fact, all — assure freedom of speech and of the press, although many of them explicitly assert that persons who seek to injure the reputation of others shall be liable to punishment. These also specify that in a suit for libel, the truth may be introduced as evidence, and that malicious intent on the part of the speaker or writer must be proved. Freedom of speech and of the press. Hart, Actual Gov't, § 12. It is eminently fitting that in this country, where religious Religious freedom was permitted when restrictions existed everywhere liberty. else, our state bills of rights provide for the fullest liberty in religious matters. No State allows its governments to dic- Hart, Actual tate to any one what church he shall attend, or compels Gov't, § 13. him to contribute for the support of any church, the establishment of state churches being everywhere forbidden. No person is disqualified from holding office or exercising legal rights because of his religious views, although a very Rights protected by iury trial. Hart, Actual Gov't, § 14. Train, Prisoner at Bar, 334-349. Stimson, Federal and State Constitutions, 164-183. Criminal cases. few of the older States make belief in the Deity a requisite for holding certain state offices. Such practices as polygamy are, however, punished as crimes, even when permitted by a religious sect. 104. Constitutional Rights of a Person accused of Crime. In all of the States the great safeguard for a person accused of crime is the constitutional provision that the trial be held as soon as possible in open court before a jury of his peers. Further, no one can be held for trial unless a written charge has been filed against him. This charge may be merely an information, which is a document drawn up by the public prosecutor; but if the crime is murder, no person can be held for trial until the evidence has been considered by a grand jury and the person indicted by the jury. Except for crimes punishable by death, the accused has the opportunity of offering bail, which is forfeited if he fails to appear on the day appointed. He is never required to testify against himself, and cannot be punished if a single juryman believes him innocent. In fact, the constitutional safeguards for persons accused of crime, supplemented by others in the statute law, protect accused persons so well that many undoubtedly guilty men escape, and society is therefore inadequately protected. 105. The Distinction between Civil Suits and Criminal Cases. The courts aim to administer justice by considering all cases brought before them by some person or body Hart, Actual of persons who claim to have been injured by the act of Gov't, § 75. another. (1) If the act is of such a character that it affects the general public as well as the party directly wronged, Train, Pris- the law treats the act as a crime, and the prosecution of the oner at Bar, alleged wrongdoer is begun by the representative of the 1-30. people. For example, robbery, arson, and murder are so inimical to the public, that the punishment of the offender could not wisely be left to private parties, however grievously they had been wronged. It is very unfortunate that many offenses or practices which are exceedingly injurious to the public either are not or cannot be treated as crimes. For example, it is not only absurd, but criminal, that persons or corporations of great wealth or influence who steal immense sums or defraud thousands by the use of "high finance" cannot be dealt with as criminals, while the petty pickpocket and swindler are imprisoned for long terms for minor offenses. (2) Disputes over land titles, failure to pay Civil suits. promissory notes, or neglect to perform a contract, involve comparatively little injury to the public, and cases relating to these subjects are termed civil suits. 106. Procedure in Civil Suits. When a party begins suit The parties against another before a court of law, he is known as the Pleading. plaintiff, the party against whom action is brought being called the defendant. The first step is taken by the plaintiff Baldwin, in a paper called the "writ," in which are set forth the injuries Am. Judiciary, alleged to have been done by the defendant. The reply of 201-207. the defendant contains a statement presenting the facts of the case from his point of view, or it may admit that the facts are as stated by the plaintiff, but assert that they do not constitute sufficient ground for the lawsuit; in other words, that the defendant has done the plaintiff no legal wrong. Additional replies may be necessary to determine exactly what is in dispute between the parties. When all of these have been given, the "pleadings " end, and the case is ready for trial in court. writ of execution. Lawsuits are usually tried by judges, although in most Trial and of the States either party may claim the right of jury trial. Evidence is presented, first by the prosecution and then by the defense, witnesses being called and examined by the attorney who brought them to court, and afterward cross- Hart, Actual examined by the opposing counsel. An opportunity is then given each side to refute statements brought out in the latest evidence of the other, and for the arguments of the Baldwin, attorneys. If there is a jury, the judge gives it his charge," showing what the law of the case really is, and 207–214. what bearing the evidence has on the law. In that event, H Am. Judiciary, Arrest and examination. Baldwin, Judiciary, 226-240. Trial. Baldwin, Train, Pris oner at Bar, 148-177. Verdict. 242-244. the verdict is rendered by the jury, otherwise the judge decides both the law and the fact. The successful party is furnished later with a writ of execution to cover costs, or costs and damages. This writ may be enforced by the executive officer of the court against the property of the party named, so as to satisfy judgment. In almost all of the States, however, homesteads and personal property are exempt from seizure. 107. Procedure in Criminal Cases. - Persons suspected of having committed crime are arrested upon warrants which state the cause of the arrest, or without warrants, if caught under suspicious circumstances. After a brief period in jail, they are brought to trial either upon an information, or upon indictment. The trial of an accused person is begun by reading in open court the charge against him and giving him a chance to plead guilty or innocent. If his answer to the question is "not guilty," the court provides him with counsel - unless he has already retained the services of a lawyer- and a jury is selected at once. Many citizens have already been summoned for jury service, and, as the names of these are drawn by lot, each is questioned by the attorneys for the State and the defense, in order to learn whether he has already formed an opinion regarding the guilt of the accused, or is biased in any way that would affect his vote on the final verdict. If objectionable, he is dismissed. When twelve men satisfactory to both sides have been selected, the prosecution calls its witnesses and the trial proceeds as in a lawsuit. When the evidence is all in and the closing arguments Baldwin, have been heard, the judge instructs the jury as to the law, Am. and the jurymen withdraw until a verdict has been reached. Judiciary, If declared innocent, the accused is at once set free; if found guilty, his lawyer will probably appeal the case to a oner at Bar, higher court, or ask for a new trial; and, if the jury disagrees, he will be held for another trial, as legally no trial has taken place. Train, Pris 261-278. |