[Courts and Criminals by Arthur Train]@TWC D-Link bookCourts and Criminals CHAPTER I 5/33
It really goes to the root of our whole theory of the administration of the criminal law.
Is it possible that on final analysis we may find that our enthusiastic insistence upon certain of the supposedly fundamental liberties of the individual has led us into a condition of legal hypocrisy vastly less desirable than the frank attitude of our continental neighbors toward such subjects? The Massachusetts Constitution of 1785 concludes with the now famous words: "To the end that this may be a government of laws and not of men." That is the essence of the spirit of American government.
Our forefathers had arisen and thrown off the yoke of England and her intolerable system of penal government, in which an accused had no right to testify in his own behalf and under which he could be hung for stealing a sheep.
"Liberty!" "Liberty or death!" That was the note ringing in the minds and mouths of the signers of the Declaration and framers of the Constitution.
That is the popular note to-day of the Fourth of July orator and of the Memorial Day address.
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