Appeals in Criminal Cases

Southland Times, Issue 19465, 19 November 1904, Page 2 (Supplement)

Appeals in Criminal Cases

The Law Journal (24th September) says :—" One, result of the Beck case has' been to revive the demand, for tiie establishment of a Court of Criminal Appeal--a demand to which further force htks been given by the release of Isaac da Costa. These two cases of mistaken identity go to show— what, of course, needed no. demonstration—that the administration : of justice is not free from error. That they are to be regarded as proving the necessity for a,. Court of Criminal A*ppeal is by no means so certain. Apart from the main ground on which the fori mation of such a tribunal is to. be opposed—that, it would, in; destroying the finality of their decisions.ytend to »Weake_* the sense bf.respcm-ftbiiity under which juries now discharge {their duties— there are.numerous points to 'be disposed ol before an unlimited right of appeal in criminal cases can be shown to be desiralble. Tiie great majority of prisoners aye poor- A petition to the Home Oflice is an inexpensive thing, but an appeal to a Court of Criminal Appeal would be costly. 'The door of appeal is open to the rich man, closed to the poor. In practice the result of the right of criminal appeal is that there is one law for the rich, another for the poor.' That is the view expressed, of the American system . in a recent number of the Green Bog, and it is difiliQulV to see how a similar result' could be avoided here. Not less Instructive is tho experience! ot America In regard to delay*. In Now York County; during the five years from 1898 to 1902; the average (interval Ijetween .a conviction and tho decision on ; appeal Was fourteen months. Any considera-ble delay in the determination of criminal cases: is bound to. bring the «iminlstratlon of justice in*" to disrepute. Another point to be considered is that a Court 'of Criminal Appeal, like. any other judicial tribunal', would 'be compelled to act according to the settled rules of evidence. The Home Offlce is unfettered in this respect : it can act on evidence which cdirid hot properly be brought before a court of law. Moreover,' .the decisiion vf a C-urt,6f Crlmlnaly Appeal y)*ould tie the hands of tbe Home. Secretary in the exercise Of the prerogar tive of mercy; It twbuid be^almost impossible 'for hi^ to reduce a isehtence after it had been confirmed by the court. And this -question neieds an answer : -How can the power of. reviewing an .ftcquittat be logically with-ield,._ro-nia court empowered to review a conviction ? The ; law is certainly as mudh' concerned wiiK the punishment of the guilty as wiili setting the innocent free, and juries are not less prone to -rror in acquitting than in ejemvicifing a prisonery*' ' : , ' . ,',. .." ■