Criminal court procedure.

Citation

Gault, R. H. (1932). Criminal court procedure. In R. H. Gault, Criminology (pp. 395-405). Boston, MA, : D. C. Heath and Company.

http://dx.doi.org/10.1037/14640-020

Abstract

Fundamentally we are interested in the detection and punishment of the guilty because of the added protection we believe is thus assured to the public. If detection and, punishment can be brought to pass with deadly certainty we shall sooner or later find an attitude developed in the people that, expressed in words, would say: "You can't make crime pay." Though this is control upon a low plane, it is control nevertheless that is much worth seeking. Procedure in criminal cases, too, is capable of playing a large role in the, development of attitudes that shall be favorable or unfavorable, as the case may be, to the protection of the community against repeated crimes by those who are today passing through the mill, and against a sullen, stubborn grouch on the part of those who are being charged and tried for crimes and misdemeanors. Any penal treatment whatever has a good effect upon a culprit in proportion to his feeling that it is just. And the court can do something toward promoting this feeling—or toward blocking it. This observation directs us at once to the Municipal Court (the Police Court in smaller cities). It is the "people's court." It is the only institution of its sort with which the great mass of arrested folk have anything to do. Consequently if they do not get an impression here that the courts are fair and honest—that they hold the scales even—they are likely not to get it elsewhere. (PsycINFO Database Record (c) 2016 APA, all rights reserved)