19.Criminal Trials.Of course trials on criminal charges will differ in many details from the one above sketched.But all are alike in some important points.No one accused of crime can be considered guilty and punished unless he has been indicted by a grand jury,or has in some similar way been publicly accused.He must then be tried by a regular court,and cannot be convicted without the unanimous vote of a jury of twelve men.If he cannot afford to hire a lawyer to take care of his defense,the state furnishes him one free of cost.If his witnesses are reluctant to testify,the state compels them to do so.And witnesses who are known to testify falsely are severely punished.All this care our republic takes that people may not be falsely accused and unjustly punished.
20.The citizens of our republic have one other important protection against being kept in prison unjustly.If any one is put in prison,as he believes,contrary to law,his attorney may go to a judge and ask him to look into the matter.The judge may then send an order to the jailer directing him to bring the prisoner before him (the judge)and explain the reason for the imprisonment.Such an order from a judge any jailer must obey.If,when the judge hears the reasons,he does not think they are good ones,he has a right to have the prisoner set at liberty.The order sent to a jailer directing him to bring a prisoner before a judge is called a writ of habeas corpus .Habeas corpus are Latin words,and mean “produce the body.”
21.Perhaps on the hearing the judge may conclude that the prisoner is justly confined.Then the order will be,not for release,but for the imprisonment to continue.Or the judge may think that it is quite right for the prisoner to be tried on the charge which has been made against him,but that meanwhile it is not necessary to keep him in jail.Then the judge may order the prisoner admitted to bail .What that means is,that if persons approved by the judge will agree to forfeit a fixed sum of money in case the accused person does not appear at the trial,then he (the accused)is set at liberty.Of course it is his duty to present himself for trial at such time as may be set.
22.All these pains are taken so that the law shall do injustice to no one.And there is another protection.If the prisoner is found guilty and thinks that in some way his trial was not a fair onethat the judge made a mistake about the law,or that the jury was prejudiced against himthen he has the right to appeal to a higher court.And if the judge in that court can be made to think that there has been some error in the lower court,he may order that the whole case shall be tried over again.
23.But sometimes,by means of all these safeguards,a real criminal is able to escape punishment,or at least to delay it for a very long time.More than a year has been known to pass after a criminal‘s arrest before he is finally sentenced.
24.“Lynch Law.”In some parts of the country,when a particularly brutal crime has been committed,the people are anxious that thecriminals shall be punished surely and promptly.And if they fear great delay,or perhaps that there will be no punishment at all,then they get greatly excited.At times a mob gathers,and the prisoner is taken from the jail by force,and perhaps hanged on the limb of a tree.This is called lynching .
25.An act of lynching is,in fact,itself a brutal crime.There is no fair trial,of course,and there is always danger that it is an innocent person who has been punished;indeed,that has often happened.In a civilized land all offenses against the law ought to be dealt with in a lawful way.If the laws are not good,the people can choose a legislature which will make them better.But lawless lynchings are a disgrace to our republic,and people who love their country will have nothing to do with them.