Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1851-04-05
wRITs OF ERROR IN CRIMINAL CASES.


A bill is now before the Legislature pro-
viding for @rits of error in criminal cases.
There are bills continually before that body
providing some change in the existing
laws, and so frequently are laws annulled,
explained, construed, and repealed by their
acts that it has become a nuisance. Acts
of Assembly come oui annually in volume
of frigbtful size. That tyrant who caused
his edicts to be placed SO high that none
could read them receives universal censure.
| Our laws are so voluminous that nine tenths
of the population are not able TO read them
before new batch is issued.
Under our present criminal law, the jury
are the judges of the lap and fact. The
judge may lay down his opinion, but the
jury decide. If any error which works
injustice to the accused, is committed at the
trial, record of the proceedings may be
laid before the Supreme Court, and writ
of error or certiorari may be allowed by
that Court or any Justice thereof, on sufh-
cient cause being shown. Orthe Attorney
General may consent TO the writ Of error
and this Gispenses with the special allow
ance by Judge. One of these modes of
redress is always open to the accused. No
advantage can be taken at his trial, no in
Justice can be done him by his peers, who
are his Judges, but he has his appeal to the
highest judicial tribunal OF the Common
wealth. He may always have his appeal,
his review, and his redress whenever and
wherever be can allege probable doubt of
the justness and legality of his conviction.
1t is only the Commonwealth to which the
law denies writ of error. The benefit of
every irregularity, techncality and doubt
is reserved to the accused. He is protected
at every stage of the proceedings. He has
a right TO an examination before he can be
committed or held TO bail. A habeaS cor
pas relieves him if there is any defect or
informaity in his commitment. Excessive
bail shall not be required" says our consti-
tuition. A grand jury must certify that
there is sufficient cause for trial before he
can be arraigned. A jury of his own coun-
try-men and of his own selection are his
judges. Every doubt is thrown in his IA
vor. After verdict of guilty has been re-
corded against him, any material defect or
informality in the indictment will set him
at liberty in spite of the verdict of his con-
stitutional judges. If he fails here, the
Supreme Court opens to him her protecting
arms, and if sufficient cause is shown, strikes
off his bonds and sets him free. Our laws
are kind, merciiul and benignant. Their
policy is rather TO let the guilty escape
than punish innocence. They throw around
the accused barrier impenetrable to the
sword of justice, except it be pointed with
the most plain and unerring proof, while
every avenue for his escape is left OPEN
What more can he ask ? what more can he
wish for9 unless it be that he shall escape
untried.
Yet such is the rage for new laws that
the democratic Union" is happy TO state
that this bill will pass. This paper also
says that "writs of error are not allowed in
any criminal case, no matter how impor-
tant." Will it overhaul 3 Smiths Laws,
page 30, and when found, make note ot it.
1t is always better to know something about
the old law before advocating its amend
ment or repeal. Perhaps the present law
may improve in his opinion on better ac-
quaintanee. Such things often happen.
We heartily hope the Legislature will
not amend the law in The manner proposed
The law as it is allows wrts OF error for
cause shown. they are allowed on eve.
ry occasion, with or without cause, ther.
will be no end to wrts OF error. No rogue
ever thinks himself justly condemned. A
writ of error would issue on every CASE
A Supreme Court for the hearing of case.
from the Quarter Sessions and Oyer and
, Termlner would have TO be constituted
and there would be no end TO the petit,
: cases brought before il. The accused woulc
in reality be tried by the judges instead o
a jury. And what benefit would result
A delay of justice would be the conse
) quence. The editor who wrote series o
articles in its favor might congratulate him
self on originating new law, and rake hi
brains TO effect some other change. Their
is much evil in many laws and in thei
j frequent alteration. The end will be that
e Dead to infection, to themselves dead
. And liberty piucks justice by the nose.
SPIRITUAL KNOCkINGS.
! T., h.