Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1871-01-31
Substitute for the Grand Jury System


troduced bill in the assembly abro-
eating the present Grand Jury sys-
tenn, and substituting therefore a
plan of proceedings against offend
ers by an "information," which is
nothing more nor leFs than an in
dlctment; the only difference being
that it is presented by the district
-attorney without tho Intervention
of q Grand jury. The plan of pro-
ceedure is this
If a person commits crime, com
plant is made before an examining
magistrate and tho accused is
brought face TO face with the accus-
err. Testimony on both sides is TAX
en- as fully as both parties desire,
and this testimoney is placed in the
hands of the district attorney. In
all important cases it is made the du-
~ of the officers TO represent the
State, the same as in his duty now
in preliminary examinations. II
the district attorney regards the ac-
cusod as guilty, and can obtain the
necessary proof against him. he
drawsan Conformation (indictment),
and files il with the circuit court,
and the proceedings thereafter are
the same as though the indictment
was presented by a grand jury in
open court.
If, after the examination, the dis
trict attorney is Of the opinion thai
an action cannot be obtained apains
the accused he makes Endorsements
of tho fact on the papers in the case,
which are returned TO tho circuit
court. The judge may examine
them, and if he is Of the opinion
that the accused should be tried, he
may direct the district attorney to
bile an information and bring him 20
trial. To guard against all conting-
encies, the bill makes provision that
heJudge may order grand jury
whenever in his opinion it may be
necessary for any particular emer-
gency. This is the Mich gan plan,
but we have seen it stated in some
OF the Michigan papers that there
never mas been but one grand Jury
impanneled in the State since their
present law went into force, eight or
ten years ago.
Another important feature Of the
bill is this Whenever an accused
person has been arrested, and he de-
sires to plead guilty, he may make
his request to be arraigned before
the county judge for the purpose of
pleading. This however extends
onl y to minor cases. When arraign-
ed before that tribunal, tho district
attorney represents the state, and
the jud reads the information and
explains to the prisoner fully the
penalty which may be imposed. If
he then pleads guilty, he is senten-
ced the same as though the proceed
ings were in the circdit court. In
the more important cases, the prison
er may be brought before the circuit
court at any special or law term
for the purpose of entering a plea Of
| guilty and receiving his sentence.
If the bill is enacted in this form
it will decrease the Jail expenses of
a country fully one-half and be
a vast saving in witness expenses
These witnesses will not need to at
tend before grand jury, and again
before the circuit court usually two
or three times) The district attorney
will understand that all tho cases o u
the criminal calendar are for trial,
and he will not be compelled to
waste his time in making prepare
ion, frequently at great expense,
to try a prisoner whe will plead
guilty when his case is called. Al
the last term OF Columbia Circuit
Court every prisoner indicted, four
If them, pied guilty. Some Of them
had lain in Jail for months awaiting
term of court. Ii the system now
proposed had been in vogue, these
men might have been on their way
to Waupun within two or three days
after their arrest, and the expense OF
boarding them for long term, aud
Of bringing witnesses before the cir
cult court to try them might have
been saved.
The foregoing will give tho reader =
knowledge of the principal features
OF the bill. A numbe of other Sec
lions are added, not affecting al
general principle, but making mere
verbal alterations OF existing laws to
adjust them to what is Indicated
in the foregoing.-Portage Register,
2lst.