The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1884-04-05

operate a general Jail delivery every
four mocths, and thus reduce the ex
penscs Of keeping prisoners, and Of the
publication Of the Jury list, and at the
same time the change would not be a
violent innovation on the present state
Of the law.
There is no earthly reason why crimi
nal cases should not be tried every four
months and thus enjoy the same advan
tase as that now given to the civil dock
ct but, on the contrary. we see every
reason and consideration why criminal
business should be transacted more
speedily and with greater facility than
civil eases. If u man accused of crime
Is really guilty. lie should be quickly
tried :" as t." relieve the public Of the
burden Of feeding him from the parish
treasury. II innocent. hi. trial should
be speedy, so that II injustice be done
to him. In either event, it is to the in
terest alike of the public and of those
accused Of crime that criminal cases
should reach the speediest solution
consistent with the due administration
Of justice.
There l. another reform which we
would submit t." the law-mak-r, and
which. it it crystaiizes into legislation
VIII have IL tendency to do away with
u crying evil in the matter of The add
mlnistrati"n Of criminal law. Wewould
nave the jury system remodeled 50 as
10 provide that in all petty cases, that
Is, IN all cases where the offence is not
necessarily punishable by imprison-
ment III the p~enetentiary, ii jury of i've
shall be sufficient. No good and sub.
stantlal objection can be urged against
this change, which comm-nds itself to
favorable consideration from whatever
aspect it is viewed. A jury Of five com
petent 'nen are as liable to render ius-
tlce III IL case If assault aud battery as
Of twelve, while The smaller the
Jury the less expense viii! there be to
the public.
Not only this, but we advocate q
in the law 50 az to allow a Jury
to bring in what is known lis q "Scotch
that IS to say Mot proven.
mere are frequently instances where
the evidence does not justify an acquit.
Tai NOR yet Il conviction, Int the Jury
lDusf, under the law rs it now stands, do
either u thing or the other. The jury
may be satisfied that the accused has
Il crime. and the evidence
may Oe strOug in the direction of guilt,
Ont The Judge must charge then that a
reasonable doubt will 6e sufficient to
'cquit, it it finds lodgment in their
minds. In this way, hundreds and
of red handed murderers
hardened villains are turned out
rom the prisoners dock, every year.
while ii justice was done, they would
decorating u gall0ws Or wearing u
'all ard chain. Good citizens, who do
,ot stop to reflect, or who look only at
ne surface of things, impute this con
lltion ut affairs to the der-lictiOu Of the
'mceis Of the law, when the blame mt.
aches to the law itself. Let the law.
therefore,. he changed 80 that when a
'ersOn accused Of crime shall be tried.
nj the evidence shall be insufficient to
"nvict, while the presumption Of guilt
hall be great, the Jury may be at lib.
rty to bring ID u verdict Of mot prov
D." A verdict If this kind will not
Meet the release If the prisoner. but.
I" the contrary, he will be held for
Mother trial where the evidence NAV
9 made conclusive. 1t might be pro-
lded that where an unqualified YER.
let Of acqnittal or conviction has not
cen given in two successive trials.
lat, in that event, the second verdict =;
t mot proven" shall be considered in T:
le light Of an acquittal. In this way. +:
D peculiar hardship will he suffered .
y the accused, while the interests of :
'iminal justice would be subserved. |:
We merely sketch these reforms in
iminal law. and hope that thu matter :
ay be taken up by our brethren of the !
ty and country press, eo that when !
nest General Assembly shall meet. 3
members may he in possession of !
10 public opinion throughout the State 3
J the important subject of reform in \
Q administration of criminal law. )