Contrasts in English Criminal Law.
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whom he was to be confronted or to be enough to pick put its flaws upon hear ing it read for the first time. He was tried. No wonder that accusation became denied also knowledge of the names of tantamount to conviction, while conviction meant death. How full of significance was the jurors and of the names of the wit nesses against him. His worst enemy might the exclamation of the Duke of Norfolk be upon the panel, but he was left to upon his trial : " I know that one suspected his own presence of mind to challenge in is more than half condemned." (1 State Trials, 965.) time, propter affectum. He was always re To be legal fused the as ly exact, the sistance of rule was as fol counsel in the lows : At com court room, mon law, in all and even the cases, whether advice of coun of treason, fel sel in prison, ony, or misde except by spec i a 1 leave of meanor, and at court, and this I all times, the privilege, when prisoner had granted, which the right to ad was but sel dress the jury dom, was shorn in person in of its value, his own behalf. because he was In misdemea deprived of the nors he was use of any pa always allowed pers drawn up to do this by by counsel to counsel; but it prepare him is universally for trial. He agreed that, at was tried at the common law, same assizes, a prisoner, very often on whether peer the same day, or commoner, on which the was not enti SIR EDWARD COKE. indictment was tled to defend found. He was bullied and insulted by by counsel, upon the general issue, " not bloodthirsty attorneys-general, and brow guilty," on any indictment for treason or beaten by the judge. His exact situation felony. (1 Archbold's Crim. Prac. & PI., was truly this — in a case where his life Pomeroy's Edit., 551; Weeks on Att'ys at was at stake, and he most needed the Law, sec. 184; 1 Chitty's Crim. Law, 407; assistance of an eloquent and dauntless ad Hawkins' Pleas of the Crown, b. 2, c. 39, vocate, he was denied the right to counsel, sec. 1; Foster's Crown Law, 281; Hale's and was left to struggle single-handed against Pleas of the Crown, 236.) the tyranny and overwhelming influence of There were certain exceptions. Thus in the Crown, ignorant as he was of law, igno appeals, which were private rather than rant of the charge, ignorant of those by public prosecutions upon accusations of
