, 1880-07-04
THE CRIMINAL LAWS OF ILLINOIS


Some days since TIE TRIBUNE directed
the attention Of Its readers to tho speedy trial
and conviction of the man who murdered
the Hon. George Brown in Canada, anu con-
trasted that case with the slow processes and
doubtful result Of a hypothetical case OF tile
same kind III this city. 4 correspondent
who properly appreciates the necessity for
the prompt and efficient prosecution OF Grill
jnals i'll this State desires to know how such
4 result eau be obtained. The obvious all
swcr is: to reform tile criminal laws Ill such
manner as to cut Off the existing expedients
for delaying and defeating justice. This is
the business for the Legislature. So long rs
the laws shall render indefnit postponentent
of criminal prosecutions practicable, it Is Ger
tain that the use of money and the influence
of sentimentalists wifi avail to embarrass the
administration of justice and the protection
of life and property.
The most obvious improvement that can
be made in the criminal code of Illinois is all
amendment of the present law providing for
a change of venue As the law now stands,
any criminal with the aid of two friends or
hired perjurers, can select for his trial any
one Of the eight Judges who sit in the Grim
inal Court of this county by making affidavit
that all the others are prejudiced against
him, This facility for delay Is made avail
| able in almost every conspicuous case OF
crime. It serves frequently to postpone the
! trial of a murder case for months, and some
| times for years. The practice Of our Judges
! is to sit in the Criminal Court in rotation,
| taking three months each. It thus requires
| about two years to complete the list of
Judges. By properly timing the selection Of
a Judge, and counting upon the individual
| delays of the necessary transfer from the
| Circuit or Superior Court to the Criminal
! Court, sllrcwd attorney can pretty surely
! postpone his clients trial until public ILL
terest in the case shall subside and the prose
cutting witnesses shall grow Indifferent or
be run off. or die natural death.
Justice has been cheated more frequently
in this way than III any other. No code
| of morals and no theory Of mercy warrants
the placing of such an advantage Ill the
hands of the lawless and vicious to be used
against society. The provision is not neces-
| sary to secure fair trial to the accused, anu
| it has been demonstrated to be standing
impeachment to the execution Of the laws.
! A second change in tho criminal code that
! would assist in the speedicr aud surer pun
| ish1ncnt Of murderers and other criminals Is
! such modification of the Jury law rs Will not
necessarily exclude men of intelligence and
| character from sitting in the jury-box. AS
it is now, any man who reads and keeps up
with the events Of his time may be prevented
| by 4 criminals attorney from sitting III ludg-
ment. The law seems to proceed upon the
! false and vicious theory that Intelligence and
| information lead to prejudice and promote
injustice. The reverse Of this proposition is
| the truth. ALI that should be required OF q
| juryman is that he shall be in frame OF
mind to listen impartially to the evidence pro-
ducel at the trial, and make UP verdict upon
the facts thus presented. The man who can
and does read the newspapers Is, as q rule
vastly better prepared to discharge this duty
intelligentIy and faithfully than the man Whc
cannot read or does not keep himself III
formed as to current events. The cause OF al
innocent man accused OF crime is much safe'
in charge Of an intelligent jury than whe1
committed to ignorant men who are ruled b,
prejudice and subject to outside influences
and the cause of public safety and public
morality demands that the community saal
have a similar protection in the case OF TIL
guilty.
Another contradiction of the criminal cod'
of Illinois is the provision which makes tn
jury the judge Of both the law and the facts
The jury, composed Of laymen, should dea
with the evidence that comes before them
and with nothing else; and they shQ1ld max
up their verdict according to the facts
they are brought out and according
to the law as construed and explaine'
by the Judge. a change in the law to thl
elect would assist powerfully III accelera1
ing the machinery Of justice In crilnina
cases, because the Judges, educated in tn
law, would give fewer occasions for appeal
and new trials in determining the law of