Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 eBook

This eBook from the Gutenberg Project consists of approximately 343 pages of information about Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844.

Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 eBook

This eBook from the Gutenberg Project consists of approximately 343 pages of information about Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844.
of the case before the jury, in a plain unvarnished statement; no appeal is made to the passions or prejudices of the twelve men, who are to pronounce upon the guilt or innocence of the accused; but every topic, every observation, which might warp their judgment, or direct their attention from the simple facts which are about to be proved before them, is anxiously deprecated and avoided by the counsel for the prosecution.  The witnesses for the crown are called one by one, sworn, examined, and cross-examined by the accused, or his counsel.  When the case for the crown has been brought to a close, the defence commences, and the counsel for the defendant addresses the jury.  It is the duty of the advocate, on such an occasion, to put forth all his powers in behalf of his client; to obtain acquittal is his object:  he must sift the hostile evidence, he must apply every possible test to the accuracy of the testimony, and to the credibility of the witnesses; he may address himself to the reason, to the prejudices, to the sympathies, nay, even to the worst passions of the twelve men whose opinions he seeks to influence in favour of his client.  He may proceed to call witnesses to disprove the facts adduced on the other side, or to show that the character of the accused stands too high for even a suspicion of the alleged clime; he has the utmost liberty of speech and action He may indefinitely protract the proceedings, and there seems to be scarcely any limit, in point of law, beyond which the ultimate event of the trial may not be, by these means, deferred.  Whenever the defence closes, in those cases in which the government is the real prosecutor, the representative of the crown has the general reply; at the close of which the presiding judge sums up the evidence to the jury, and informs them of the legal bearing of the facts, on the effect and existence of which the jury has to decide.  This having been accomplished, it becomes the duty of the jury to deliberate, decide, and pronounce their verdict.  If the verdict be “Not guilty,” the accused is for ever quit and discharged of the accusation; but if the jury pronounce him guilty, he stands convicted of the crime which has been thus charged and proved against him, and awaits the judgment of the court.  In felonies and ordinary misdemeanours, judgment is generally pronounced immediately upon, or soon after, the delivery of the verdict; in other cases, when the trial has been had before the Queen’s Bench, the judgment may, in England, be pronounced either immediately or during the ensuing term.  But whenever this event occurs, the prisoner has still one chance more for escape:  he can move an arrest of judgment, on the grounds either that the indictment is substantially defective, or that he has already been pardoned or punished for the same offense.  These objections, if successful, will, even at this late stage of the proceedings, save the defendant from the consequences of his crime.  But if these last resources fail, the court must give the judgment, or pronounce the measure of that punishment, which the law annexes to the crime of which the prisoner has been convicted.

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Blackwood's Edinburgh Magazine — Volume 55, No. 339, January, 1844 from Project Gutenberg. Public domain.