The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-11-16
Scarcely Two States Define and
Punish the Crime Alike.
THREE FORBID EXECUTION
Absurd and Indefensible Variations
Greater Severity In tho West
Than In the East.
From Census Bulletin.

law In any of its branches.
The codes of North and South Carolina,
Mississippi and Louisiana make no dis
fiction between murder in the first and
second degrees. but require a capital sem
tence for murder IN every instance. From
this point of view they may be character
lied as peculiarly bloody.
The codes of Georgia, Illinois, North
and South Dakota. Kentucky and Ari-
IONA also make no distinction between de-
grees OF murder, but they provide for al
tentative sentences to Imprisonment tor
lite. In ARIZONA the sentence need not
exceed ten years.
Murder in the first degree is usually pun
ished by death, but in Indiana, Minnesota.
Iowa, Alabama, Texas and Utah life sem
fences may be imposed even for murder in
the first degree.
In all states where degrees of murder are
recognized, lighter sentence is prescribed
for murder in the second degree. The
states of Maine. Vermont, Massa chusetts,
Connections, New York, Delaware, the
District of Columbia, Florida. Ohio, Indi-
ana. Minnesota, Wyoming and Oregon adj
nit of no less punishment for murder even
of the second degree than Imprisonment
for life; but it Wisconsin the lowest PEN
y
Nebraska, Kansas, Tennessee, Alabama,
Montana. Colorado, Nevada. Idaho, WASH
ington and California. ten years; in New
Jersey. Maryland. Virginia. West Virginia.
Texas, Arkansas and Utah, five years, and
in Michigan, one year.
In New Hampshire the highest penalty
for murder in the second degree is thirty
years; in Wisconsin, twenty-five years in
Arkansas, twenty-One years; in New Jersey,
Tennessee and Washington twenty years;
in Maryland, Virginia and Yves: Virginia,
eighteen years, and in Pennsylvania twelve
years.
The only states in which the death pen-
atty is forbidden by law are Rhode Island,
Michigan and Wisconsin. In Rhode ISL
and the only alternative is imprisonment
for life
For the same act of homicide, therefore,
falling under the definition Of murder,
under the same circumstances and from
the same motives. man might be sem
fenced in Michigan to imprisonment for
one year, while in the Carolinas, Missis-
sippi or Louisiana he could not receive a
sentence less than capital. Across the
line which divides Michigan from Wiscon-
sin, he could not be sentenced for less
than fourteen years, and across the line in
Ohio he could be sentenced for no term
less than life.
Except in New Mexico. murder in the
third degree is recognized in but three
states: Florida, where the penalty is not
less than seven years; Wisconsin, seven
to fourteen years. and Minnesota. seven
to thirty years.
The anomalies and inconsistencies of
the criminal codes in relation to the crime
of manslaughter are still more remarka-
BILE.
In prescribing different penalties for
murder and manslaughter, the dividing
line is sharply drawn in Vermont. Florida.
Illinois, and North and South Dakota at
imprisonment for life; in Nebraska. Ala
and California at ten years; in Virginia,
West Virginia, Texas and Utah at five
years. Usually. however. this line of de-
marcation is vague.
In Maine, Massachusetts,, Rhode Island,
Connecticut. New York, Delaware. Mary
land, the District of Columbia, North Car
DINA. South Carolina, Georgia, Ohio, In
Mississippi, Louisiana, Wyoming, Colo
RADIO and Oregon there is an interval of
possible duration Of sentence which the
statutes ignore and leave untitled. These
intervals are worthy of notice i'll detail.
On the other hand. the penalties for
murder and mans!aughter overlap in New
Jersey. Michigan, Missouri, Kansas and
Washington. In Missouri murder may be
punished by imprisonment for ten years.
and manslaughter by imprisonment for
life.
There are two states. New Hampshire
and Pennsylvania, in which the statutes
prescribe the same limits of sentence for
murder in the second degree and tor man.
slaughter. voluntary or of the first degree.
Where different penalties are prescribed
for voluntary and involuntary man
slaughter, the possible sentences overlap
in all cases except Colorado, where the
line is drawn at one year, and Arkansas,
where the gap is one year. Where the
distinction is by degrees an effort has been
made for the most part to be more precise
| in the adjustment OF penalty to guilt.
The minimum sentences for man.
| slaughter are as follows: In Vermont,
| seven years; in South Carolina and Indi-
ana. two years; in New York, Delaware
and the District of Columbia, Georgia.
nessee, Alabama, Montana. Wyoming.
Washington and Oregon. one year; in
| Kansas, six months; in North Carolina,
| four months; in Missouri. three months !;
| in Maine, New Hampshire Massachusetts,,
Rhode Island, Connecticut, New Jersey,
| Pennsylvania, Maryland, Florida, Michi-
| gan, Wisconsin, Iowa. Louisiana, Arkan-
| sas. Colorado. Arizona, Utah, Nevada,
Idaho and California, there is no mini
| mum limit to the term of imprisonment.
The statements here made are subject to
| some notifications and limitations.
The maximum sentences for man.
| slaughter are as follows: In Vermont.
| Florida. Illinois, Missouri, Dakota and
Mississippi, Imprisonment for life; in New
| Hampshire and South Carolina thirty
years; in Indiana, Kansas and Kentucky.
| twenty-one years; in Massachusetts,,
| Rhode Island, New York, the District OF
| Columbia. North Carolina. Georgia Ohio,
| Minnesota, Louisiana and Washington.
| twenty years; III Michigan and Oregon,
| fifteen years; in Pennsylvania, twelve
| years; in Maine, Connecticut, New Jersey,
| Maryland, Wisconsin, Nebraska Tonnes
| see, Alabama, Montana. Wyoming. Ari-
| zona, Nevada, Idaho and California. ten
| years; in Iowa and Colorado, eight years
| in Arkansas, seven years: in Delaware
| Virginia, West Virginia and Utah five
| years.
Ii is unnecessary here TO pursue this
| subject into further detail. For an invoi.
| untary homicide the highest penalty in
| Arkansas Colorado or Utah is one year
| and for precisely the same act in Vermont
| the lowest is seven years.
| The variations OF the several state codes
| in the adjustment Of the penalty 10 the
! guilt OF homicide are on their face all
| surd and indefenslh,e. Admitting tina;
| some states are disposed 20 allow d
| wider latitude of discretion to the courts
| than are others. 1t Is nevertheless demon
| strated that any claim which may be adj
| vanced in any quarter that there is q nat
| ural standard of justice in the human
| mind, which will enable legislators, in
| framing a penal code. 10 arrive ct an ap-
| proximately accurate Judgment of the