Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-07

. a. 40 instance OF On offence OF lower grade being
"soe greater punishment than one OF higher IL is
sufhciens 10 reier to the Of ueher Tb, Of
'enee may DO punished by jury n one county with i'm
P'sonmeot Tor ten years. whilst person convicted of
murder la the second degree NAV be semi hv ;,ru
IN another county, or by in the same coun
W ~ ."e Psmten'isry Tor five years Yet murder which
er winch excludes Il; and the msximum punishment of
c oc "hence, ought never TO exceed the minimum of
"e oner. he same effect il produced in variety of
oy allowing To jures such latitude In asrertainny
we duration OF peni,-'iary confinement This discretion
Introduces all the evils OF uncertainty aud
into our criminal Jurisprudence. Very different puni,b
nents may he inflicted for tho offence according IN
the caprice OF jurors aud crime Of lower grade ia o.n
moro severely punished than one Of much hci.s =,
the same term OF Court Larceny, robbery raBe brysr
forgery, and most other crimes with the essen,ion ~
homicide, admit but slight differences in the Jsnrsa
OF quit attached 10 hen and therefore the
OF esch may be precise, nearly So Very Ii,,ia Ill.,;
t'on ought to be given to any tribunal in varypc hi.
, mn,e" tue law ought to determine on genera
anu ."utso'e principles But under our pre- Sc mt sys
nothing Is liked, but al depends upon the Of w,
e' seeeed IN great measure by the prisoner himself
renee those who under a temptation to violate ths
e never noe 10 see with any certainty the price of
.e snsgresson and consequently are invited to take
me chsnces which jury trial affords them Certainly
'"' cV'' requires anu admits OF remedy. Punishnenis
may be graduated with greater precision according IN lis
nature ana Nervousness OF each offence, and the wide dis
now allowed maybe abolished limited within mar
bounds intact such discretion ought err TO a
oeen conhdedo Jury. Jury may be the hes. and onv
sAe tribunal TO determine the whole matter OF fact ami
aw' whether the accused guilty or not guilty of The of
'ence imputed; but IL il admits OF Different shades If
gn or particular Giro umstances ren,er n pron.r III,
mere SHOULD De some mitigation Of the sentence this
uk 20 DC conhded TO the tribunal least liable to be go.
ve,ned by the impulses of the MT the mos,
o.s ,or the due exercise Of sound discretion and the
most ke'y 10 be influenced by uniform rules: i'm shor, 20
me Court rather than 10 the Jury the Lesisla,or
Iorms MS duty, and establishes just scale of punish
s very e discretion need be logged any where
,o e Pauoh'ng power will correct particular hardsbps.
oum Il thought cxpedient take il away en,irrv
."e '.e WINCH may remain, may be safely entrusted a.
is In most other countries aud to certain extent in @
he tle vid
WIN decide by general and uniform rules The Coun,v
ooos nave now this power, in the of free coore
persons aud may range, 0d Ebum, from five wears i'm
Prisonment to eighteen. Surely the Superor Co,r. 49,
DC trusted with IT, when s restricted and limited ,yi,h;n
.rms more nearly spproxima,ing. The prescribing Of
imprisonment from years. from five 10 cnv
o"e' &c &c, ought no longer disgrace our code /,
arisen rom the same loose and careless legislation
"ue" mas ID many instances employed the vapuest and
most general terms which ever were before snnii.J ~
ghy penal enactmens express the will of The lcgis
iaure; and has very often grouped offences tooe,h.r
win general, and sometimes inaccurate reTa,enc.
'he'r former punshments instead of assigning 10 each IL;
precise and appropriate penalty if TO discriminate
wou'd nave required time and research than tha
dahgshnan oil the law could spare Every LAWYER met
recoec that the famonsproviso of the act of 1923 re
,s ny mistake to the act Of February, 1872 which
was moi IN iorce instead OF that Of February lSi9and
as another instance of careless legislation that between
.ne l4th February, 1928 and the 18Th February 1925
Tree negro or muiao attempted to ravish white ,yo
man. ms punishment deatL; but if he actuaily &C.
eompNsneu ms purpose, he 10 be imprisoned in IN.
t,;.,, whether the law it stands in
;""g "e same punishment on the attempt and the act
itse Is impoc otherwise, may deserve consieraon
certain, that juries hardly be induced to hang
man Tor the mere attempt.
IL is needless DIV eli on the MANY o,ber d.f.,s c -
pe"a' code. NO man who will give himself the trouble
Examine ~ WIN fail TO be convinced that it requires
revision ami reform not only in the particulars have al
iuded TO- hut in others of equal importance
ne otJect OF an enlightened legislator ought IN he IN
Sp" punishment TO crime, and to render that pun
.'ueh. as certain as possible. If VIC desire 10 al
tam this object, we must facilitate and simplifv the
whoe process OF criminal investga from the arrest
e oneh yer 10 ms condemnation acuuitta: we
provide intelligent a ell as impartial tribun,s - ~,
nm; and when the facts ascertaned we must icsve
no oonot or dhcuty about the penalty he has incurred
reference 10 these points, will BE found that the re-
exss serious defects in the powers and Of our
examining Courts in the number OF pcrei,pory chslen.
ges allowed TO the prisoner denied to the Common
"eah Attorney, which, in the small counties especiaI
~ produce not only great delays hut great Injustice in
e exercise OF the power OF pardoning" and in
several other particulars which will not enlarge unon
AS early as 1921, the Legislature was iuIly aware of
'hese detects which have muplied; for In Inst
ed: ~ ""'P''
Whereas is believed that defects exis, in the cri
na' coae OF tins Commonwealth, which ought to be re-
o'eo' anu mat no reformation in the criminal Justice of
the country ought TO be undertaken excspt unon ,ho
creates: 81 dslberaon and knowledge OF the subject:
~ ne ~ therefore enacted by the General As,en,bIu
That the Judges of the General Court of this CommoS
wealth be requested TO report TO the next General As
aehoy, what defects they have discovered in the crmi
n'' coue ana what changes If ANY, in the admnistra
gsative interference" " 'e'
"' 'ePoi, peHeve was never made by the Judpes i'm
pursuance OF this resolution, although several of them
were u"y aware oil the necessity OF doing something on
.ne SunJec and bestowed much time and attention on IL
was ound That they could remain long enough To-
8e'ner 10 prepare such system would meet the z
pecatons OF the Legislature remedy all the defects
"h'ch even Then were admitted TO exist To make CO.
Parae reports thought would not answer the pur
pose proposed lead 10 any final aciiou-and thus The
scheme Jailed But if the subject had been referred o
JeD experienced jurists and time had allowed 10 ma
lure system, am persuaded might have be en- pre
sen'eo Tee from most OF the defects of the present coJe
anu wen ehuted 10 the consideration Of the Legislature
ms mas been the plan lately adopted in England
commission has been directed to several
Lawyers, at the head Of whom Mr. Stsrkie reourno
them in effect, to codiy the criminal iar This ia h
iirs attempt to test The theory Jeremy BentIsn and
the result must he looked to- with the most thrilling in
teres by all Lawyers and Statesmen the mean lime
ought not something similar TO be emp,ed here when
the necessity OF thorough reform in this departen MT Of
our Jusprudence, Is scarcely less mpeous than i'm Great
" A. b.
recent Instance of this has attracted nv at,en,io, II IL
~ "ihcheacI paper OF the 25lh December Bradley
webster convicted OF making passing coin hs
iom the Penitenay by tn. This man
convcen NJ the last term Of the Superior
IN pom passing and making counterfeit clearly e.
OF peion addressed TO him. be 80
.eIus report from the Commonw
"s suose' oe,oo deciding! Would 10 publish The
ano petitions, often
co. usual "ithou, the being known ibok
exposure would make careful commno
at mat many Vngnaos will sign bonll
this. - - fs'"N "''" ""Sh' 10 Know
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Virginia Legislature.