St. Landry democrat. (Opelousas, La.) 1878-1894, 1889-07-13
Criminal Expenses.


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Editor DEMOCRAT A subject which
seems to be OF great interest to our peo-
pie, and of great Importance to the diff
ferent parishes in our State, is the ques-
ton of expenses in criminal matters.
1t seems to me that this subject should
receive careful reflection at the hands
of our people, and it is the duty OF
every good citizen to suggest some idea
as to the manner in which this great
evil can be corrected.
The writer, after carefully rejecting
over this question, and having had some
experience in criminal matters as Dis
trct Attorney, takes occasion through
the medium of the press, to make a
suggestion as to the manner in which,
in his humble opinion, the evil can, to a
great extent, be cured.
Take for instance the parish of St.
Landry as an illustration. We have two
criminal terms annually. 1t is safe to
assert that at each of these terms there
are about thirty or forty cases which are
called misdemeanOrs, that is to say, the
lesser grades of offences add the num-
Der of both terms and you have eighty
cases of misdemeanors. Now then, if
in these cases the accused parties should
by mild and moderate sentence, in
nine cases out of ten the parish would
be saved the entire expense Of trying
these cases, because the defendants,
feeling assured that by entering the
plea of guilty and throwing themselves
upon the mercy of the Court, that pun
ishment would be applied to them,
which, though moderate, would be GER
tain and would he the cause OF saving
our parish enormous expenses, the ac-
cumulation Of which will involve her
in such inextricable debt, that it will be
next to impossible to become eztricated
from this embarrassing situation.
Suppose for the sake of argument,
that instead of pursuing this plan, it is
generally known that whenever mis-
demeanor is committed, that the Of
fender, even though he pleads guilty
and throws himself upon the mercy of
the Court, will nevertheless receive
harsh and severe punishment; the con-
sequence will be that in the eighty cases
already alluded to, instead of the ac-
cused parties entering the plea of gull
ty, they will almost to a man make
vigorous and stubborn defense, some
times consuming whole day, it not
more, in the trial OF single case. The
State will be compelled to cite on an
average, say five witnesses, and the de-
cost of each case tried will he about
fifty dolars-by multiplying fifty by
eighty you have the enormous sum of
S4 900 as the cost per annum of trying
these trivial cases. Another difficulty
that will undoubtedly arise in case these
small cases are not disposed of iu a
summary manner, will be, that ir con-
sequence of the greater part of the term
being absorbed in the trial of more i'm
portant cases, the District Attorney will
finally be forced to enter general n0Ue
prOsequt as to these small cases, and the
accused parties will 60 entirely unwhipt
OF justice.
My remarks here have no reference
to any felony or to any case which in
any event might send a man to the peni-
tentiary. [ allude entirely to that class
OF offences which are classified as mis-
demeanors. There are two evils which
must be confronted, and the question
is, which Of the two should be selected?
unquestionably the answer will be, the
least of the two evils. Now then, let
us see which is the least of the two
evils. regret the necessity that seems
to require that in these misdemeanors,
the punishment, though uniform should
be moderate, but this course seems to
be necessary, for the reason that Sc
we're punishment, though evidently pro-
per on general principles, will have the
effect OF adding to and increasing the
debt which, like a grim monster, is
hanging over our parish, constantly in
instead of diminishing its pro-
portions. The exigenciessof the case
require that something should be done
IN order to meet and cqrrect this evil.
There are denounced IN the calendar
of crimes and offences all such as ought
70 be prosecuted, and Grand Juries
should he charged to indict in all cases
where the law has been violated, and |
he expense of a trial is not sufficient |
'eason to justify the Grand Jury in |
throwing out case where the evidence |
and the law clearly makes it their duty |
20 indlct; any other course on their part |
would be manifest violation of their |
paths, and any suggestion to that end |
you'd be calculated to mislead them.
The only way in which it occurs to |
ne that the present difficulty can be
overcome, is in the manner Indicated |
would be glad to hear the views of the |
lifferent Judges and District Attorneys !
the State upon this subject,
Is it is to be supposed that almost the |
'ame condition of things exist in most |
# the other parishes as exists here.
throw out this idea as a suggestion, I
loping that some one else will take up
he matter and reason it out. The end |
Il view is good one-the question is,
low are we to attain its These enor-
nous expenses to onr parishes in crimi-
,al matters should be reduced as much
.s possible, and am satisfied that such
s the opinion of all intelligent men
Who feel an interest in the material
progress and development of the diff
erent parishes throughout the State.
Very respectfully,
JOHN N. OGDEN.