Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1873-02-22

lHE TRIAL AND PUNISHMENT, Foa MINOR
CRIMINAL. oFERnora

| CRIMINAL oFFREsEs
FIVE glance through our Statutes we shall
1nd perhaps fifty, dstnct ofFenses, enumer.
ated, the penalties of which, extend only to
limited fine or Imprisonment in the county
Jail and in some cases, to both fine ami impris
onment at the discretion ofthe Court
Generally, the party complained offs, ar
rested, aud preliminary examination fs held
before Justice of the Peace, but in almost
the entire list. the final tiial must be
"by indictment of the Grand Jury. And tried
by Jury in the Court Of Common Pleas"
There are many objections To. this method
Of dealing with this. cuss Of offenses. 1t is
exceedingly inoonyenient, md many times
very annoying for persons who are so unfor-
tupate rs to be witnesses, TO be compelled to
| 20 to the County Seat, and sometimes to stay
there for days, in the trial of Il suit the result
OF which may be a, conviction Of the. accused
and sent nee to pay penalty or fine of ten
dollars which in many instances the defend
ent is, not able TO pay.
In many cases persons. refuse 10 file a, COM
plant, even where fragrant and malicious
offenses have been committed, because they
+ are unwilling to subject themselves to the irk-
some and TEDIOUS, duty of attending term of
Court
We make entirely too much of thcse minor
prosecutions. We in some degree, "lionize',
the oftnder by the Eormal parade and show
we make in conducting. his trial, and The
scamp who has robbed his neighbours hen
|. rQost or. poached upon his fruit.yard is al.
most left in doubt, as to whether. he Is really,
| the aIEsRde5. or the offended.
AuOAeE objection 10 our present system
of dealing with this class of offeuscs, is the
long delay between, the commission of the
ofense and the time of It's trial, and punish
ment The moral effect of n penalty, as, a.
prerentire to crime, is greatly weakened and
someiiRses entilely lost if too long deferred.
| Guard with jealous care the, reputation and
personal rights of,cvery individual, but when
charged with the commission of crime, let him
have a fair impartial but speedy trial. and
if fairly convicted of guilt, let the penalty
follow with certainty and celebrity, that
shall warn all criminals that justice does not
sleep.
would not willingly advocate any change,
or urge the adoption of any new method of
! disp0sing of this class of crimes and misde.
meanprs, If + thought that change would put
in jeopardy the rights of single individual,
or would moi secure equal protection TO the
peace and good order of the whole community.
THE REMEDY.
| Provision should, be made Tor the trial of
almost the entire list of minor criminal of
fences, in the townships, before one OF more
Justices of the Peace, as may be provided, and
! that tritl should be final and conclusive eX-
cept perhaps ia some Of the higher crimes ap-
peal or writ of error might be allowed. This
would remove ALI cause of delay, and trial
might speedily follow the commission of crime.
1t would avoid the Inconvenience of taking
witnesses great distances from home, and Sc
cure fair trial for the accused because the
character and, standing Of tho complain
ant and. Witnesses would all be well known in
the community where they reside.
This plan, if adopted would relieve the
Court of Common Pleas of an amount of bust
every term, and is generally regarded as an
annoyance from which that honorable court
should be exempt Another rcasOn for max
ing this change, is that it wonl, |. be much, less
expensive than the present. system,
The burden Of preserving the peace and
good order of society, and the pgolecion OF
plrsnn nm properly from ruthless assault and
4 lawlrss probation, will always have to be
b0rne and provided for, but if we make each
/ township and municipal corporation solely re-
sppnsiplc for the expense of these prosecutions
we shall bring The matter SO much nearer
home 10 thc pcoRlc, that there wolld,be none
OF that useless multiplication of costs that we
So often witness, where. the responsibility is
borne by the whole county.
The question then nris, 5, If this change
is desirable, is il practicable9 Our present
Constitution provides that the right of trial
By jury shall be inviolablt" Shall this pro.
vision OF the Constitution remain and be in.
tsrpreted 10 apply to every trial involving the
rights OF Interests of any individullg There
! will be mlny WHO will advocate the aflrma-
| i've of this question. | am not one of them
Every community has the eight to adopt such
regulations, and enact such laws, for.the pro-
lection of their persons and prop 'ry, and to
secure the peace and good order of society, as
will bost subserve the purpose !. always ad-
mlttng, however, that they must guard with
proper care the.righis OF those who arc &C
cused Of violating these laws and regulations
But an amendment to our Constitution will be
necessary before we can adopt. this. change. in
the trial Of these cases. Our Courts have de-
cded "thattlie right of trial by jury, means q
trial In Court of record, or OF competen,
jurisdiction and jury of twelve men"
No doubt this is very learned and correct
opinion, but If We find Il for or interest not
To be longer bound by 1t, We have. the power
to change II,
Let the Constitution be so amended that the
Legislature shall be authorized TO provide by
laws, suitable and simple, plain and. easily en-.
forced, for the trial and punishment of these
pinor criminal ofIenses, and in my judgment
u most desirable reform viii be accomplished
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