Courts and Criminals

by Arthur Cheney Train

"Courts and Criminals" by Arthur Cheney Train is a collection of essays written between the years 1905-1910 that explores the complexities of the American legal system, particularly concerning criminal law and the rights of individuals. The book delves into the practical application of laws and the often conflicting responsibilities of the police and judiciary, revealing the intricate balance between maintaining public safety and preserving individual liberties in a society that prides itself on its just legal framework. The opening of the work introduces a case in New York involving a young man named Duffy, who was subjected to police procedures without lawful cause, inciting a debate about the presumption of innocence and the rights of citizens. Train discusses the implications of such abuses, highlighting a pattern of "mugging" individuals who have not been convicted, and critiques the hypocrisy within the legal system that allows such practices to persist under the guise of necessity. He argues that while laws are intended to protect the citizenry, they are implemented by fallible individuals, leading to inconsistencies and ethical dilemmas in law enforcement. Overall, the beginning of "Courts and Criminals" sets the stage for an incisive examination of the failings of the criminal justice system and the fundamental rights that underpin American democracy.