Causes of Delay in Criminal Cases

Abstract

Much has been said and written on this subject in recent years. Nothing new can be added. The only excuse for further discussing it is the hope that repeated insistence on needed changes may lead to their adoption. Agitation must precede legislation, but should be directed with organized and intelligent effort, such as may come from Bar Associations and societies like this. To effect such changes, however, requires co-operation of the Bar and overcoming the conservation of both lawyers and legislatures. Little can be expected of the latter that is not approved by the former. In this state we encounter a formidable obstacle-a divided bar. The country lawyer faces no such conditions as suggest the necessity for swift procedure in populous centers. He loves the game as he was taught it and sees no benefit or profit in changing its rules. As he shapes much of our legislation, we must break through the crust of his conservatism before we can hope for any marked changes in our criminal practice and procedure. Another difficulty in dealing with the subject is the prevailing fear of destroying some safeguard to personal liberty. Vigilant attention to its preservation is enjoined by the constitution, and in our deep concern for it we touch at the same time the strength of our substantive and weakness of our adjective law respecting crime. We proudly differentiate our system that jealously guards the liberty of the accused at every step of procedure from that whereby he may be dragged at once before a magistrate and compelled to answer any question and prove his innocence. Viewed from results, however, it is probable each system might borrow features from the other with benefit to society and no loss to the principles of human liberty. We point with justifiable pride to those tireless sentinels, 'presumption of innocence' and 'reasonable doubt' but admit under our breath that at times they are grievously overworked and assume undue proportions. On occasions they become so awe-inspiring as to obscure the jury's vision of a whole army of facts and circumstances, and when panoplied with the grace of oratory and paraded with impressive dignity through reiterated written instructions, there is little wonder that they cap-