New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-08-30
CRIMINAL LAW.

OF the thousand social ana Othet ESAoihis oalheu
about in our day and generation, the most vitality i'm
portant to the peace and safety Of society seems to
| have attracted least attention. We hold that the
punishment Of crime is not only a necessity, but
duty independent of that necessity The wrong.doer
should suffer the penalty of his act for the simple sat
saction Of Justice as well as for the sake Of example
and the protection Of society. Bat criminal law
as now constituted and administered IS entirely in
sufficient to stay the avalanche of crime which is
overwhelming the country and increasing in strength
and volume with every step of its progress aud if
any institution framed by men ever needed reform it
is this. Whether it be that men are becoming more
corrupt and wicked, or for what other reason, it is
difficult to determine, but the fact is indisputabe
that crime is increasing alarmingy, while the fire.
quency Of punishment appears to diminish in about
an equal ratio It is not many years since the right
of trial by jury was looked upon as about the most
sacred and valuable feature of our jurisprudence.
Now how is it regarded Sad to say, through vari-
Gus unavoidable influences it has fallen entirely into
disrepue under its present system of operation ex
cept with those classes of society whose practices
make the axity and ineficiency ofthe laws desirable,
We find among recent foreign news statement
that bill is about to be introduced into the British
Parliament to amend the criminal law so as to dis
pense with the necessity of an unanimous verdict,
very important step towards REFORM in our Judgment
It is in Scotland, we believe, that bare majority
only of the jury is required to obtain verdict. In
the bill proposed this principle is not carried so far,
an agreement Of at least twothrds Of the jury being
Feanired Such law would in a great measure put
an end to the practice Of tampering with iuries by
placing men upon them to bold out against al the
Others which, we regret to say prevails to great
extent in every country where the principle Of de-
handing d unanimous verdict exists. Upon this sub
iect the Bailet1 makes the following remarks, which
agree entirely With our own views
There is scarcely an Intelligent reader who cannot
call to mind some case Of aggravated crime, produc.
ing great excitement whose perpetakor mas escaped
Justice primarily through that requsition OF the law
which makes a unanimous verdict necessary in ali
criminal trials. The first effect oil this requirements;
in desperate cases and where the proof OF guilt is
pected to be peculiarly clear, strong and oyerwhelm
ing to cause the defense to exhaust every possible
effort to get some one on the jury upon whom it can
safely rely to hang the jury instead Of the cnprt,
whatever be the nature Of the evidence. In revolt
ing case, this is considered great triumph Tor the
criminal as it Is rare that subsequent jury will con
Wet when preceding one have fail to do so, though
there are exceptions to the rule. Generally, however,
fla Jury hang the next will acqult AT any rate,
time is gained and some of the witnesses may die, or
leave the State or country or means may be found TO
weaken their memories. Hence, lnlStrlal IS the
first thing sought when aCqutta is for the time be
ing wholly out Of the question As this is brought
about generally by one juror or two it is evident thai
il absolute unanimy were not required for verdict,
the chances for criminals, and especially for rich
ones to escape justice would be greatly diminished,
the law cOrespondingy indicated, crime suppressed,
the great interests OF society protected and the
objects of the whole criminal paraphernalia pro-
NOTED.
The terrible increase of crime in this country for
upfn
frequently assumes the desperate shifts Tesorted to to
shield its perpetrators when they have money enough,
the laxty uncertainty, and delays which are every
where observed to prevail in reference to its punish
ment, the want Of confidence in criminal judicatorieS
which has, consequently, arisen in the public mind,
aud tie frequent and alarming resorts to mob law to
accomplish that which the statute law ought to do
all these it appears to u.s. powerful arguments
il favor OF SO dmendi the law at present il force
as to allow less than the whole number of persons on
the Jury To return legal verdict as Lord Campbell
is about to propose to do in Great Britain Ii such
measure is necessary there it is still necessary
here as it is notorious that crime in that country is
altogether more speedily and surely punished now
than it Is ID the United States.
We think that the amendment we propose in our
criminal code could be so hedged in that no possible
injustice could thereby result to any individual in any
case The court might lie authorized to set aside the
verdict upon a proper showing, SO that the amend
ment in no case W0lld be liable to abuse.
| Criminal Justice in this country needs to be made
more prompt, certain aud effective and we know Of
no one measure that would be more likely to improve
itseems plain, would be thereby promoted.