Denunciation

“ When a child, a wife, a servant, a student—any one under personal authority or bound by obligation of honor—is accused or suspected an explanation is demanded, and refusal to testify is held, and rightly held, a confession of guilt To question the accused—rigorously and sharply to examine him on all matters relating to the offense, and even trap him if he seem to be lying—that is Nature's method of criminal procedure; why in our public trials do we forego its advantages? It may annoy; a person arrested for crime must expect annoyance. ”

“ There is a common topic for an accuser to employ against a person, who, when he cannot deny the fact of which he is accused, still derives some hope from his attempt to show that irregularity will be introduced into all courts of justice by such proceedings. And here there will come in the demonstration of the usefulness of judicial proceedings, and the complaint of the misfortune of that person who has been punished without being condemned; and the indignation to be expressed against the audacity and cruelty of the man who has inflicted the punishment. ”

“ It is there enacted, that 'No person shall devise, or tell any false news or lies of any lord, prelate, officer of the government, judge, &c., by which any slander shall happen to their persons, or mischief come to the kingdom, upon pain of being imprisoned; and where any one hath told false news or lies, and cannot produce the author, he shall suffer imprisonment, and be punished by the king's counsel.' Here, then, my lords, two things are clearly pointed out, to wit, the person to be punished, and what the mode of punishment is. The person to be punished is the author, when produced ”

“ Oh, be very sure that no such mistaken judgment based on any local or religious or moral theory of conduct or bias, because of presumed irrefutable evidence, is permitted to prejudice you, so that without meaning to, and with the best and highest-minded intentions, you yourselves see a crime, or the intention to commit a crime, when no such crime or any such intention ever truly or legally existed or lodged in the mind or acts of this defendant. ”

“ But it will be desirable for common topics to be assumed from the case itself, if there is any room in it for expressions of indignation or complaint.
31 The admission of the fact takes place, when the accused person does not justify the fact itself, but demands to be pardoned for it. And the parts of this division of the case are two: purgation and deprecation. Purgation is that by which (not the action, but) the intention of the person who is accused, is defended. That has three subdivisions,—ignorance, accident, necessity. ”

“ And yet less, my lords, can I suspect, that those by whom he is accused, act from any motive that may influence them to desire a sentence not supported by evidence, or conformable to truth; or that they can wish the ruin of any man whose crimes are not notorious and flagrant, that they persecute from private malice, or endeavour to exalt themselves by the fall of another. ”

“ The wretch stained with crime—polluted with iniquity—for which, perhaps, the statute-book contains neither name nor indictment—whose trembling lips are eager to avow that guilt which, by confessing, he hopes may alleviate the penalty—this man, I say, is checked in his intentions—he is warned not, by any chance expression, to hazard a conviction of his crime, and told in the language of the law not to criminate himself. ”

“ I am sure the reader will agree with me, that nothing can be more desirable than to record the names of all the parties concerned in such melancholy and bloody transactions, that they may be handed down to posterity for the use and information of the rising generation, that they may be enabled the better to judge of the motives and management of the prosecutors, and the degree of guilt or innocence of the accused. ”

“ Every one would despise the delinquent, who, while passing to trial should impose on his fellows with protestations of innocence, when he knew the judge acquainted with his guilt, and that he would soon disclose it, and open it to public view. ”

“ You say I am innocent, and yet you tell me I am to be condemned as a guilty man, have my gown taken from me, be torn from my wife and children, be disgraced before the eyes of all men, and be made a byword and a thing horrible to be mentioned, because I will not fee an attorney to fee another man to come and lie on my behalf, to browbeat witnesses, to make false appeals, and perhaps shed false tears in defending me. ”

“ Material allegations in the bill of complaint ought to be answered and admitted, or denied, if the facts are within the knowledge of the respondent; and if not, be ought to state what his belief is upon the subject, if he has any, and if he has none, and cannot form any, he ought to say so, and call on the complainant for proof of the alleged facts, or waive that branch of the controversy ”

“ The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law. ”

“ XL. Let us now consider, that the falsehoods and deceits, with which tribunals are environed, make the investigation of truth so difficult, that in some causes it is come at late, and in others never. This is a most pernicious injury to the public, for the tediousness and difficulty of the verification, gives breathing-time for the ill intentioned, to devise and concert all sorts of wickedness. What remedy then can you apply to this evil, but that of punishing rigorously every kind of judicial deceit? ”

“ Let the way of bringing offenders to justice be direct, clear, and untrammelled. The technicalities of pleading, proof, and proceedings, in many of our States, are painfully absurd. To the minds of most men a criminal trial is a mysterious jumble. ”

“ Let the persons harmed or annoyed present a petition to the attorney general setting forth the facts and if, in his judgment, they show a case of habitual falsehood, defamation and scandal so as to constitute a public nuisance, let him file a bill in the court of common pleas having jurisdiction, asking for an abatement of the nuisance, and let the court have authority, upon sufficient proof, to make such abatement by suppression of the journal so offending, in whole or in part, as may be necessary. ”

“ In enumerating the things to which every pleader of others' causes ought to have a regard, the Mirror of Justices says, "That he put no false dilatories into court, nor false witnesses, nor move or offer any false corruptive deceits, leasings, or false lies, nor consent to any such, but truly maintain his client's cause, so that it fail not by any negligence or default in him, nor by any threatening, hurt, or villany, disturb the judge, plaintiff, serjeant, or any other in court, whereby he hinder the right or the hearing of the cause." ”

“ The common topics will be these;—the accuser will press his charges against the man who confesses some discreditable or pernicious action, or both, but still seeks to make some defence, and will allege the mischievous or discreditable nature of his conduct with great indignation. The advocate for the defence will insist upon it, that no action ought to be considered pernicious or discreditable, or, on the other hand, advantageous or creditable, unless it is ascertained with what intention, at what time, and on what account it was done. ”

“ Question 1.—"What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons, as, for instance, where, at the time of the commission of the alleged crime, the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit? ”

“ Juries have for centuries made the basic decisions between guilt and innocence and between criminal responsibility and legal insanity upon the basis of the facts, as revealed by all the evidence, and the law, as explained by instructions detailing the legal distinctions, the placement and weight of the burden of proof, the effect of presumptions, the meaning of intent, etc. ”

“ When the truth is ascertained, if there be wrongs as charged, the language of judicial condemnation should be clear and emphatic, and a punishment inflicted such as the wrongs deserve; and if no wrong has been done the conduct of counsel will be cleared from suspicion. ”

“ If facts, as they were known to me, became known to others, an eager policeman, anxious to fasten guilt on some one, might arrest her on a capital charge. Apart from the question of contaminating hands, what might not be the effect, on one already in so pitiful a condition, of so hideous an accusation. ”

“ Again, where there is a question whether a person committed an offence, evidence may be given of any fact supplying a motive or constituting preparation for the offence, of any subsequent conduct of the person accused, which is apparently influenced by the commission of the offence, and of any act done by him, or by his authority, in consequence of the offence. ”

“ A continual tester to give in evidence, to empanel a jury to examine us, to cry guilty, a persecutor with hue and cry to follow, an apparitor to summon us, a bailiff to carry us, a serjeant to arrest, an attorney to plead against us, a gaoler to torment, a judge to condemn, still accusing, denouncing, torturing and molesting. ”

“ A boy of thirteen is tried, say for picking the pocket of some subject of her Majesty, and the offence is about as clearly proved as an offence can be. He is called upon for his defence, and contents himself with a little declamation about the jurymen and his country—asserts that all the witnesses have committed perjury, and hints that the police force generally have entered into a conspiracy ‘again’ him. ”

“ Now, if we were to examine, only the witnesses who were against the accused, and not allow a single individual to speak for him, if we were not, to allow the poor man to speak a word in his own defence, and were the jury, and the judge, then to pronounce him guilty, do you think, we should treat that man fairly? ”

“ The question of libel or no libel, or indeed the criminality of any paper, taken up as the former, being assumedly in the criminal court, though justly in the Jury, let us see then how far the Dialogue between a Gentleman and a Farmer is obnoxious to censure. ”

“ The prosecutors, to be sure, are going on about debauchery, love affairs, adulteries, trips to Baiae, beach parties, banquets, drinking bouts, singing, dance bands, pleasure-boats. They also indicate that everything they say has your approval. In some unbridled, reckless frame of mind you wanted these matters aired in the forum and the court. You must therefore either disprove them, show that they're false, or admit that neither your charge nor your testimony can in any way be believed. ”

“ In doing this they are weighed by no consideration of the figures shown in the books and papers under examination, but search their minds for an idea of some allegation which will involve the accused and be difficult for him to refute, and then, for proof of lesser wrong-doing which will give colour to the greater alleged wrong, they look through the papers, and, as no official is guileless in the conduct of his duties, it is usually easy to get up a few bad-looking cases against him. ”

“ The gist of conspiracy is the agreement; that of aiding, abetting or counseling is in consciously advising or assisting another to commit particular offenses, and thus becoming a party to them; that of substantice crime, going a step beyond mere aiding, abetting, counseling to completion of the offense. ”

“ The benign and ever paternal rule under which we live gives even to the most-with-accusation-surrounded, and with-strong-presumption-implicated prisoner, every facility of defence. Having read and matured this indictment, you will, after a week, make choice of an advocate.”
“Am I to be confronted with my accuser?”
“I sincerely hope that the indecent spectacle of insulting attack and offensive rejoinder thus suggested is unknown to the administration of our law.” ”

“ A solid ground of complaint must therefore exist, to induce an individual to prosecute a public officer, and public officers are careful not to furnish these grounds of complaint, when they are afraid of being prosecuted. ”

“ Subnormal verbalist type. Case 12. Man, 21 years. Developmental: Early illness with involvement of nervous system. Delinquencies: Lying excessive. Swindling. Stealing. ———————————————————————————————-
CHAPTER IV CASES OF PATHOLOGICAL ACCUSATION We include in this chapter pathological self-accusation as well as incrimination of others. In court work one sees many cases of false accusation, but few belong to the pathological variety. We have not considered those based upon vindictiveness, or self-defense, or where any other even slight, recognizable, normal gratification was at the bottom. ”

“ Is it not ridiculous for the government to insist upon such preposterous evidence? Which, if produced in due form, is a rule drawn up by the applicant’s physican, and sworn to by the witness—“cum grano salis,”—and in most cases amounts to perjury for charity’s sake. ”

“ Such an investigation, to be effective, must be made by an authority independent, if possible, of all local influences. When abuses are discovered, the prosecution and punishment of offenders ought to follow. ”

“ Complaint.—If a crime has been committed, the sufferer, or any one else, may appear before the justice of the peace and make complaint, under oath, specifying the nature of the crime, the time of its commission, and the name of the person believed to have perpetrated it, and requesting that he be apprehended for trial. ”