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Train, Arthur Cheney, 1875-1945

"Courts and Criminals"




CHAPTER VIII
Tricks of the Trade

"Tricks and treachery," said Benjamin Franklin, "are the
practice of fools that have not wit enough to be honest."
Had the kindly philosopher been familiar with all the
exigencies of the criminal law he might have added a
qualification to this somewhat general, if indisputably
moral, maxim. Though it doubtless remains true as a guiding
principle of life that "Honesty is the best policy," it would
be an unwarrantable aspersion upon the intellectual qualities
of the members of the criminal bar to say that the tricks by
virtue of which they often get their clients off are "the
practice of fools." On the contrary, observation would seem
to indicate that in many instances the wiser, or at least the
more successful, the practitioner of criminal law becomes, the
more numerous and ingenious become the "tricks" which are his
stock in trade. This must not be taken to mean that there are
not high-minded and conscientious practitioners of criminal
law, many of them financially successful, some filled with a
noble humanitarian purpose, and some drawn to their calling by
a sincere enthusiasm for the vocation of the advocate which,
in these days of "business" law and commercial methods,
reaches perhaps its highest form in the criminal courts.


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