COURTS AND CRIMINALS



By Arthur Train



These essays, which were written between the years 1905-1910 are reprinted without revision, although in a few minor instances the laws may have been changed.






Contents

CHAPTER I. The Pleasant Fiction of the Presumption of Innocence
CHAPTER II. Preparing a Criminal Case for Trial
CHAPTER III. Sensationalism and Jury Trials
CHAPTER IV. Why Do Men Kill?
CHAPTER V. Detectives and Others
CHAPTER VI. Detectives Who Detect
CHAPTER VII. Women in the Courts
CHAPTER VIII.     Tricks of the Trade
CHAPTER IX. What Fosters Crime
CHAPTER X. Insanity and the Law
CHAPTER XI. The Mala Vita in America






CHAPTER I. The Pleasant Fiction of the Presumption of Innocence

There was a great to-do some years ago in the city of New York over an ill-omened young person, Duffy by name, who, falling into the bad graces of the police, was most incontinently dragged to headquarters and "mugged" without so much as "By your leave, sir," on the part of the authorities. Having been photographed and measured (in most humiliating fashion) he was turned loose with a gratuitous warning to behave himself in the future and see to it that he did nothing which might gain him even more invidious treatment.

Now, although many thousands of equally harmless persons had been similarly treated, this particular outrage was made the occasion of a vehement protest to the mayor of the city by a certain member of the judiciary, who pointed out that such things in a civilized community were shocking beyond measure, and called upon the mayor to remove the commissioner of police and all his staff of deputy commissioners for openly violating the law which they were sworn to uphold. But, the commissioner of police, who had sometimes enforced the penal statutes in a way to make him unpopular with machine politicians, saw nothing wrong in what he had done, and, what was more, said so most outspokenly. The judge said, "You did," and the commissioner said, "I didn't." Specifically, the judge was complaining of what had been done to Duffy, but more generally he was charging the police with despotism and oppression and with

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