Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-11-15
Fer the Enquucr.
HINTS, TOUCHING TIE CRIMINAL
LAWS OF VIRGINIA.
No. /.
HIM 50 mann Gu;Nv Eann Punishment

LA w > OF
No. l.
Unv so mann entity Escape Punishment
TO THE MEMBERS OF TIE LEGISLATURE.
Now that the election is over, and all minds
arc somewhat composed let me call Your thoughts
10 domestic concerns not less vital than that
great theme of strife, before the excitement OF
your approaching session begins.
The remark is on every tongue, that II IS or
hcmciy hard 10 bring gull 10 jnslicc The
maxim, "Betler for ninety-nine guilty to escape,
than for one innocent 10 suffer, is abundantly
tested among Us for any man, familiar with the
course OF penal Justice through the country, must
know that ATHoUsASD guilty escape for one inno-
cent who suffers. This current mnunily Of
crime is itself an enormous evil, in its tendency
10 multiply crimes. But its indirect mischeis
are greater still. ltbrings thelaws into contempt,
which, in land of laws, is among the greatest
of evils, and, what is worse, II makes Ly'tch-tar
flourish. When the property or peace of a
ncighborhood has been outraged by secret vllainy,
or shocking violence, and public justice fails 10
fasten upon the criminal, the neighbors stake the
law into their own hands" The disorganizins
effect Of this dread resoriis constant likelihood
Of being trghtfully abuscd--lhe scenes OF yio-
lence 10 which il is the direct pathway-lhe blow
il strikes al the very foundation of our political
fabr:c-need not be told of.
From twenty wears OF close attendance in your
courts, and most hccdtul observation, during
that time, of every step in the administration Of
public Justice. | claim some knowledge of its
Tenor, OF lis defects, and Of their causes. As 10
several Of the leading causes which am about TO
assign, for the escape OF so many criminals, moi
a few of the most intelligent lawyers in the Com
monweallh agree with me, and among them, is
1nru mai If
would probably place foremost on your roll OF
professional and political talent.
All or nearly all of these defects, in the course
of criminal justice, it is in yoaI power instantly
TO remove. And, crying as they are, neither the
long expected, long DELAYED rcvisa Of the code,
ncr any other obstacle, should keep YOU n single
day from applying the remedies which court your
hands.
|. Tie Examining Cor9ts, .for mtHc persons
chatgcd rih felony are now almost an nnmiyed
cviI-a mere stumbling block in the way of JUS
lice They are unknown in England, and in all
this Union. save Virginia. Elsewhere, there is
no Intermediate tribunal between the magistrate,
who commits The accused after examining the tes-
timonv, and the Grand Jury, who find the indict-
mcnl against him in the Court, where he is finally
10 lie tried.
Al the origin Of Examining Courts, in iii,
there was reason for such an anomaly as they
were The final trial was then before the Gene
raj Count the seat of Government. That court
sal only twice year. To assemble parties
counsel, Jurors and witnesses thithcr, from all
parts OF the State, upon the slight suspicion OF
guilt which would justify magistrate in commit
ting The prisoner, would have been ntoerable
vexation and expense. II was we'll 10 have a
court oil five justices in his own county, who
should discharge him if the probability Of his
guilt were not strong. The same reason for such
court, though in less degree, still existed when
the District Courts were established, in 1885,
The hardship and cost OF converting all con-
cernei in the trial, at place distant perhaps
eighty or hundred miles from their homes, fol
frivolous cause, could not be borne.
But since Circuit Court, for the trial of botl
civil and criminal causes, has been sent into each
county twice year, with power TO hold inter
mediate terms if the business requires il, all ne
ceSsity for these Examining Courts has ceased
They are an excrescence upon our penal code
peculiar TO Virginia, and very slight view o
their practical working will show them TO be moi
only an excrescence, bul a deiormty and disease
E1cmins CoufS far0r The fscaIr n guilt ~
h0rrasang and breaking dOpnMc Commonwealth!
mifneSus In the country nine tenths OF these
Courts fail TO meet on the special day for which
they are summoned The witnesses, however
generally attend ON that day, and go home, hal
hearl-sick from their Eootless Grand with small
loretastc OF the troubles 10 come. On the regulhl
county court day, 10 which, OF course, The examl
nation then stands adjourned, the odds are three
10 one that continuance is granted, 10 the &c
cuscd or the Commonwealth; or that five justices
cannot be got upon the bench, willing 10 take NJ
and hear the cauSe-so that il stands over 10 Z
sc cond term The witnesses again 90 home, ate
detention OF perhaps two or more days, NUT
tcring curses against the court, the attorney:
| and the prosecution At the sccond regular coun
| " court, the chances are two TO one OF anothe
| postpo3ement, either formal or informal. Erchn
again, the srumbling, dispiriled witnesses. A
| the thru term, the case must be heard, or TN
prisoner discharged unless one pos,ponement ha
been nj his instance. The case is then examined
and if his gull seems probable, he is remandct
| for trial in the Circuit Court The Witnesses ar
bound over to appear there and testify. Tha
court is months distant. Upon each witness
mind, meanwhile the thought Of the vexation
he has undergone, and is yet 10 suffer, hangs iik
| a cloud and makes him wish that he had nere
| heard of the prisoner or of the case II he re
sides in another State, or has designed soin!
| thither, where our process cannot reach hlm-o
| if sickness lever so slighD or accident OF an
| kind, affords him n decent excuse for absence
from the trial. he is missing and the likelihoot
| is great that term or two OF the Circuit Cour
will pass before Goth sides can procure the attend
ance of all their material witnesses. When tn
trial does come on, its delays have spoiled TN
freshness and clearness OF every witnesses memo
~ His story is no. told with half its origina
| dis,nctness. Nay his having told it in the EAa
mining Court is a reason for his no, telling
well now; for, unconsciously, he has let it Sill
! from his remembrance, ha"ing vague lie;
/ that record was made OF it before, which
would save him the trouble of recollection.
Eaqmning Courts nBord opportunity 10 fampe
nth he CommonweaiiAs ritaesscs; on, By su6orne
cridcncc, 10 contradict them. In the County Court
The criminal learns exactly the run Of the testimo
ny,-is weak and strong points and is lhus ena
bled often TO perplex and nislead, il he cannot Sc
duce, The adverse witnesses; and often TO procure
conflicting though questionable evidence.
Examining Courts ercite and difuse prejud,ccs
Their action has all The forms OF trial. Evi
dence, and counsel, are fully heard on both sides
The Courthouse is usually crowded; and thu
whole neighborhood, often the whole county, j
filed with prejudsmen,s of the prisoners guilt o
| innocence This renders it difficult TO gel jury
no Juror being allowed, who has formed or ex
pressed an opinion about the case. Thus con
| tinuance, or even change Of venue, is aptto re
suit And every such day tends 10 screen the &C
cused, by the death or removal of witnesses, b
the effect OF time upon their memories, by thei
constantly increasing reluctance to attend, by III