Page:The Green Bag (1889–1914), Volume 07.pdf/104

 Some Peculiarities of French Legal Procedure. If the first view of an English barrister science and inmost conviction with the im begets in the American spectator a thought partiality and firmness becoming to an of a perruquier, the first sight of a French honest man of independent mind." This advocate brings to his mind a suggestion of oath-taking will have been preceded by a baker or a male cook; for instead of a placing on the records the name, age, and horsehair wig, that advocate wears a cap in occupation of the accused. shape much like the one worn by the priest After the jury take seats, the president, at mass. The advocate has the English who is generally a champion mental analyst, barristerial gown, but he wears it with much calls up the prisoner, and proceeds not to more grace than his British brother. For directly examine, but to cross-examine him there never yet was a Q. C. who did not, — and interjecting copiously hearsay tes while excited by oratory, look like anything timony and suggestion — with the intention else to an unprejudiced spectator but a guy. of making him either admit his guilt or so The president of the Court of Assize, contradict himself as to imply it. Of course which takes jurisdiction of indictments (and a wordy duel results between judge and accused, with sometimes shrewdness, cunning a Grand Jury system is put aside by usurp ation of the official pleader of the original and clever perjury combatting experienced skill in questioning and in laying rhetorical charge), generally acts in a threefold capa city: he draws the jury instead of a clerk traps or puzzles, the whole procedure being from the box, he swears the jury, and he a dilution of the rack or wheel of the middle ages. There can be no objections or ex substantially leads the prosecution by ex amining accused and witnesses — for the ceptions, but there are often courteous inprocureur or the advocate defending may be terruptive suggestions from counsel. The both said to practically cross-examine on judge is paramount; responsible only to the matters that the president judge has first Court of Criminal Appeal, to which is sent in brought out. He draws the names of 36 writing all that the trial has evolved, and jurymen; each side may peremptorily before which there can be practically a re challenge twelve, and an accused has to take trial, with the prisoner again re-examined by the chances of uninvestigated bias among the appeal judges, guided by the written the twelve who get finally selected. And evidence before them, and counsel pro or con this is the odd and rather prolix oath each may again be heard. The appeal procedure juror takes as the president recites it: "You is upon what common law knows as " case ", swear before God and man to examine with and not under any " bill of exceptions," the the most scrupulous attention into the Government and not the counsel for accused charges that will be brought against — " always making up this appeal case; and it (giving full name of the prisoner, who is is invariably made up to advantage the Gov seated between two gendarmes capped and ernment. in uniform in the dock, and not barbarized as After the prisoner has undergone his in England by having to stand ); " not to be torture — the rack being verbal and not tray the interests of the prisoner, nor those mechanically framed with wood and iron; of society which accuses him; not to com and the cutting weapons being of irony, sar municate with him until after your verdict; casm and inuendoes — the trial proceeds to listen neither to hatred or malice, fear nor pretty much as with English or American affection" (N.B. the American formula of courts by examinations of witnesses, with "hope of reward " is not used), " and to make little attention shown to the distinction be your decision after duly weighing the charges tween original or secondary evidence. and the defense according to your con More importance is given in the French