The
most insidious, dangerous, offensive and prejudicial matter
spread broadcast by the daily press does not relate to actual
trials at all, but to matters entirely outside the record,
such as what certain witnesses of either side could establish
were they available, the "real" past and character of the
defendant, etc. The New York Courts, under the present
statute, are powerless to prevent this abuse. In
Massachusetts half a dozen of our principal editors and
"special writers" would have been locked up long ago to the
betterment of the community and to the increase of respect for
our courts of justice.
Each State has its own particular problem to face, but
ultimately the question is a national one. Lack of respect
for law is characteristic of the American people as a whole.
Until we acquire a vastly increased sense of civic duty we
should not complain that crime is increasing or the law
ineffective. It would be a most excellent thing for an
association of our leading citizens to interest itself in
criminal-law reform and demand and secure the passage of new
and effective legislation, but it would accomplish little if
its individual members continued to evade jury service and
left their most important duty to those least qualified by
education or experience to perform.
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