[Courts and Criminals by Arthur Train]@TWC D-Link book
Courts and Criminals

CHAPTER VIII
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"Charity believeth all things," and the prisoner is entitled to every reasonable doubt, even from his own lawyer.

It is the lawyer's business to create such a doubt if he can, and we must not be too censorious if, in his eagerness to raise this in the minds of the jury, he sometimes oversteps the bounds of propriety, appeals to popular prejudices and emotions, makes illogical deductions from the evidence, and impugns the motives of the prosecution.

The district attorney should be able to take care of himself, handle the evidence in logical fashion, and tear away the flimsy curtain of sentimentality hoisted by the defence.

These are hardly "tricks" at all, but sometimes under the name of advocacy a trick is "turned" which deserves a much harsher name.
Not long ago a celebrated case of murder was moved for trial after the defendant's lawyer had urged him in vain to offer a plea of murder in the second degree.

A jury was summoned and, as is the usual custom in such cases, examined separately on the "voir dire" as to their fitness to serve.


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