Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-22
Faults of Our Criminal Laws.

members or the par In TINS State VINO, AT
our request, give their opinion as to
whether our criminal laws are faulty.
and whether legislation thereon Is needed.
The majority declare that our criminal
code needs revision. 1t is shown that
continuances and writs of error are too
easy to get: and there are some-not
many. but some-who think that i'm
portant judgments are not infrequently
reversed on trivial technicalities."
The point is brought out and empha-
sized as a serious defect in our system
that under our present laws the criminal
convicted In q city can only appeal from
the Hastings Court to the Supreme Court
Of Appeals, while the country criminal
has his choice Of being tried either In
the County or Circuit Court, and IL he
elects to be tried in the County Court,
may appeal from that to the Circuit Court
and from the Circuit Court to the SUI
preme Court of Appeals. All these APP
peals the criminal-''the petted criminaI'-
may take. but the prosecution has no
appeal from any ruling or decision Of the
court.
1t is observed, too. by several OF these
writer's that writs of error are too often
nowadays granted as a matter OF course.
Free writs of error" is term applied to
them. and which seems to describe the
particular condition Of affairs complained
Of.
But the judges are not the only persons
who are held responsible for failure OF
or delay in the administration Of justice.
Jurors are arraigned on the same score.
Their leniency Is the subject of frequent
complaint, and 1t Is said that not few
men who would cheerfully join q mob OF
lynchers TO "vindicate" the law. when
sitting as Jurors would be chief among
those to extend undeserved mercy TO
offenders.
1t is remarked. too, that the number
Of exemptions from jury service has now
so largely grown that 1t is not always
easy to secure a competent jury to try
an important case. Hence. instead OF
having the very best men of the commu-
nifty from amongst whom to draw jurors,
the courts are not infrequently compelled
TO summon professional jurymen." Tx
emptions have been extended year after
year until the matter has now become of
serious moment A halt should not only
be called. but the General Assembly
should retrace its steps and circumscribe
exemptions-certanly exemptions in capt.
tai cases-to a much narrower limit than
at present.
The general opinion is that our Judges
especially our Circuit Court judges-are
insuiliciently paid. and 1t Is said that on
this account we cannot always command
the services of the men whom we need.
One writer assures US that with the very
best material obtainabe on our benches.
the public would find that 1t would be
vastly for the promotion of justice for
the judges to "sum up the evidence as
they do in some other States.
On all hands it Is conceded that under
an improved system our criminal expenses
would be much less than they are now.
The purity OF our judiciary is not ques-
toned.
Nowhere in Virginia Is there heard any
suggestion as to the corruption of juries
There is no intimation that our jurors
are bribed. With all the faults of our
system we have not this to lament, while
In some other States 1.-The jury fxer' has
become a well-known figure In criminal
society.
Members of the bar and good people
generally can't but deplore the frequency
Of lynchings and condemn them as muir
ders To prevent lynchings schemes are
- trin trrr
for advancing for trial cases where men
assault women. and IL Is recommended
that during such trials all persons shall
be excluded from the courtroom except
the court and its officers. the jury and
prisoner. and counsel on both sides. and
the witness who is under examination.
BY giving a quick trial-by sheltering the
victim from the gaze OF courthouse
crowds" 1t is believed that the public
would be more willing than now to let
the officers Of the law execute the penalty
of the law. But It is obvious that to make
this plan a success free writs Of error
must be stopped. What will 1t profit the
order-loving public IL an accused Is ar
rested, jailed. tried. and sentenced, within
twAty-four hours for instance, II he Is
to get a writ of error and supersedeas
forthwith, and secure in the appellate
courts the delay the new law deprives him
of in the trial court? Evidently there
should be reform in both directions. As
one of our most distinguished contributors
says:
For certain offences the time which
shall elapse between the commission of
the offence and its expiation on the SCAT
fold should be so short that the lyncher
will find his occupation gone. and all men
Will learn to look always TO the law as
the sure and just punisher Of the guilty,
as they should ever find In 1t the certain
protector Of the innocent"
May this time soon come. All who wish
to hasten 1t should urge on reform in our
criminal procedure. and inasmuch as our
laws can only be properly revised by the
help OF able andsexperienced members Of
the bar It Is a matter for congratuiation
that such members now give their advice
as to our needs and stand ready to render
any further service which may be asked
of them.
Those who contribute their views ron
these questions for this issue are Messrs.
r. T. Barton, OF Winchester; ]. w. Rie-
iy, Of Halifax; r. G. II. Kean, OF Lynch
burg; Jackson Guy. Of Richmond; Robert
NJ Hughes OF Norfolk: w. o. Hardaway,
Of Roanoke; II. Z. Byrd, Of Frederick;
w. r. McKenney, Of Petersburg; George
]. Hundley. of Amelia. and w. NJ. Flan-
nagan. OF Powhatan, and we have in hand
for publication next Sunday letters from
half dozen other equally distinguished
lawyers.
West Virginia and Coal.
Tha Cho rlasfnn Kapa.,Ho Go,>xk> ~.