Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-07
coMMUNIcaTED FOR THE EroUyRER
lNIMLNAL LAW OF VIRGINIA. -"


coMMU.McArED FOR rms ENoy,nss
CRIMINAL Law OF VIRGINIA """
There are tow subjects more deserving the aue,o, az
ne Leg'nre now in session than The our crr
ia" NV, IL must be admitted by every ons, 10 be grea,
desideratun that the laws dsfninx crimes AMI awsrdng
pun'shmenis. should be plain aud certsn enable
avery Individual to ascertain at what he TO ex
pec from their violation, to render IL easy for Court.
and Juries to apply their ensctments with precision IN
every case coming before them. So far from this being
e Case WIN US now, IL notorious that the greatest con.
fusion and uncertainty this branch of our ur;.
and to such extent. thst il Is often extreme
dmca't even 10 say what punisbDen is to follow con-
vc'ion Tor en- offence. do not mesn that is,,nsd
lawyer may not after dgent research arrive nj ,,,;.
"a conclusion but 'hs, 1t is not obvious. il oush,
oe 70 me community at large. In proof of this. NAV
refer 10 the mistakes committed by Courts and Po,ecu
ors Tor the Commonwealth, In the adminsrsticn of the
pe"A' laws. recoect case occurring not more than
year ago. where white was scut need by the Su
peo Court oil York, in Warwick county, to one year.
imprisonment In the Penenary for grand larceny and
ina very lac paper find the following paragraph: anu
Negro Alfred, lately convicted by a Court of Over
sna e'iner OF receiving stolen goods and to
one year. Imprisonment in the Peni,entisry having bs.
escorted 70 Richmond about three weeks since hss 80.
turned in good health and spiri,s-the udemen, Of III.
he wa! nov Gon, OF Frede'ie having been Irregular
SIC was nor received or detained in the Pene
The records OF the Pententary, as well as Of ou,
So"re WIZ doubtless exhibit many similar instances aud
% mus! arise from the Intrinsic difficulty of
me penalties attached certain cries w;,bout ,.I;
minute examination Of the acts OF Assemble scs
C;.n.r C 40 anu referring TO the decisions Of the
remark only necessary take the case Of grand lar
Tree coored person. Of receiving stolen good,
from a slave, free negro mulatto The law nj 1890
made The latter offence punishable in the same m,nn
ana 70 the same extent, II the receiver had acuav
soien ne goods Al the time of the Revision in 1919
Esu srceny consisted in stealing above the value of 81
and thtipunishmen from one TO three years n
sn' 10 The Peniteniay. In 1923, it was enaced that
convicted OF any rence then punishable in the pn;,sn
vary 'or more than two years. he should be bv
John AiridEe The Com Va Cases. AT ease O.
yer nueh DISCUSSION, and by divided Court decided that
saa "a Eeny came within this act because it might be
Pun,sed by three years imprisonment and was therefore
P"'''eooe Tor more than years. In 1925 grand lar
eehy oy afrce coored person made to consist in steal
cue o. ten dollars and upwards; and persons.
guy oil stealing under that sum and over 1
HnRn. upon conviction have their punslments commute
Gu oy me Executive, tor stripes. or such other pu
n.shmeh' as may DC decided proper" In 1928
punishment ny stripes, transportation and SALE was aboT
ished' and In all cases where that punishment could
"er" lnte'ed, the person convicted was TO be
sen.enced 10 the Penteniary for a term not lea,
man hve, nor more than eighteen wears Grand ir
ec%y was oil course included in this batch of offences
but me offence itself changed and the mod
OF iI'ai altered by subsequent iawsefor Inv te A., -
loSo, slaves committing simple larceny TO the -ts .,
~ were directed TO he tried before Justice OF
"e eAce and TO be punished by sripes-anl nv the OH
section OF the act Of March, 1882 free neyroc. and mn
Tor the same offence, to be tried and nun;h
Gu !" 'he same manner. The ll,h secon Of mi. ,c,
supposed by many, not only change the mode of trial
IN 'e case Of free negroes muat,oes bu, also e;r
rcm =, 'or almost every offence well grand lar
ia,toes should be prosecuted tried convicted and ,;I
ca Tor any felony by Justices Oyer and Term;ner i;
e same manner as slaves now prosecuted tr;eJ -.
v'cted and punished; except that in cases of h;
and IN cases where the punishment shall be death ,
one o. .a' snail remain as heretofore. case which
"iheuiateiy and naturally arose out of the doh,f n,
Pet"uon OF this section, carried TO the (;ener C
az Tvs 'as' July term, when decided that the eo
punsbmy e"aeo 10 change the mode Of trial. not the
Tor that 1t could not he presumed that so ra
o'eai a change in our criminal law affecins in nma
.o"S cases the lie OF the offender would be auemn,
e"' ny such vague, loose and sweeping exnrsss;opps
as were used In that section. This decision bovav'
was not made without difficulty and some difference Of
op'o" among the Judges; and il therefore cannot be
| ol surpnze That il has puzzled the County Courts
ana Tie prose cutting Attorneys. - 1880
~, 'hs uncertainty and conusion we may then
ooaoy 'ake II Tor granted, that il free coored
money goods chaels, over the value of 400 he
is now punishable as Tor numerous other oences be.r
Tertiary for not less than foe nor more ,,, .;,,
years. and that he Is to be tried before Justices n f,ve
"u Trimmer without the Intervention of jury. But
comparison oil various ambiguous laws an, dec.o,s I'd
10y process oil reasoning aud deduciion instead of hav
ing plainly set forth law; which might he nn,,or
800 "y any one having common capacity: and such
state Of things impeeiously requires speedy remedy
another example OF loose Legislation is furnished in the
r se VI Grand Larceny by Tree white persop This
IKE several other Offences was punishable bv
meht Tor not iesn Than year, more than
I ar' OF 1885, persons convicted OF crimes then
Pas""o'e oy imprisonment in the Peniten,iary for
any period not exceeding two year.' were n he i'm
pf.oned In the county Jail and receive stripes At the
o'cfe"o" OF The Court, provided the crime of ggan,y
anu several Others none at which were ever nunbaIs
Tor Term not exceeding two years) should he n,,i.hJ
as heretofore hen stepped in judicial Ieeisaion
Pab",ory oil this bungling act; and in Sheop case i,
was declared not to extend 10 grand LARCENY or 10 anv
Wv oence "hich heretofore might have been punish.
cd ny more than Two years imprisonment and liza, he
poviso wns sen. eess aud inope In ISa6 how..
III an ACT prescribing some regulations IN. pe
nrar, there was stuck in clause that il any nerson
thereafter committed an offence for which h.. was ,hsn
Pu"'snaoie oy confinement in the for anu
.e'" 'ess man two years, his minimum term of con
hnement should be two years ~ " o'
~ Is not surprizng that this clause SO placed and M
ueu snon'u have sometimes escaped the notice of
~ "nn 'ues IL is like the clause respecting soIa-
~ conhheinen TO he found in the act of 1899 auLori
zng the erection OF Hospital the nIare
mheFe iio body could be expected 10 look for anoher
change IN our policy upon subject which has bee Va.
''em ares'y about dozen times in IS many years
ihese examples might be multiplied: but il would bo
unnecessary Tor the object have in view which ia 10
shew that our penal code requires re vision and ,horo"
reform. ''" '"'o'o"s"
Perhaps the evis already pointed out If moi
Dy ure legislation, might be lesseDed by the operation
OF une' and by course OF judicial decision with which
NOSE concerned IN The administration Of criminal is,ire
gn length become familiar But there are other striking
which time can cure and no eor,s
" me courts can remedy PuDsrnents to he lust OF, pht
W &c equal ought TO bear some proportion TO crimes
T " oe as certain and definite possible, aud no of.
renee o lower grade ought receive az severe nun.
'snmen' as one OF higher In al those our rr;
'osi Laws are essentially detective We have seen ,b,
pranu Larceny ~ the Of white n, 40 n. o,,
I>neu WIN Two years Peni enary confinement, and can.
'' zee" hree' BOt in the of free culofeJ per
'o', we minimum punishment Is five years nt
may al The caprice OF jury be extended 70 eishie.n
same remark applies 10 several other offences punish
able in The case Of whites with confioe,neo, f,o ' a.
three No exists