The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-01-10
ONE EFFECT OF CAPITAL PUNISH
MENT.


When will the world learn that
the death penalty is one of the great
est stumbling blocks in the path of JUS
tice? That it oftener than almost all
other causes put together saves the
guilty murderer from punishment for his
crime?
The vast majority of lawyers, in criIni-
nal practice. recognize this peculiar
operation of the death penalty, and near
ly all Of them take advantage Of 1t. In
many ways the death penalty proves the
murderer's best weapon of defense. The
wise lawyer realizes that no man will.
willingly, become responsible, even in
part, for the taking of human life. In
speaking for his client. the murderer, he
dwells long and solemnly upon this
awful responsibility resting upon the
juror. He warns him Of the nights of
terror and the days Of anguish that will
come to him if, after voting to take a
human life. he should learn that he had
made a mistake. Then, again, he appeals
to the juror not to stamp the innocent
family Of the murderer with the brand
is an acquittal
1t may be said, in reply, that the juror
may, in most states of the union, find
the defendant guilty of a lesser degree
of murder than the first, or may fix the
punishment at Imprisonment instead of
death. That is true. But the prosecu-
ton has steadfastly pleaded for the full
penalty, and the defense has very wisely
insisted that it's client is either absolute
ly guilty or entirely innocent; and the
jurors mind has been so wrought
upon that he can see but the one alter
native-the death penalty or acquittal.
In another way the death penalty aids
the murderer. Once he is sentenced he
becomes a subject of public interest. If
there be the slightest doubt as to his
guilt-as is always the case where a con-
viction on evidence wholly or in part
circumstantial-an the doubters are
aroused to activity that possibly in
nocent man be put to ignominious death.
Lawyers who realize that to save con-
demned mans neck is a goodly adver-
tisement, volunteer their services, and
all these elements combining their united
zeal all too often results in the complete
undoing of justice.
A prison sentence. even for life, is
quite another thing. Jurors do not ex-
perience the same uncanny qualms in
fixing it and judges do not tremble as
they pronounce il. The condemned man
does not become a sort of hero. He
goes at once to the penitentiary to begin
his task There is no waste of sentiment
upon him; lawyers do not tumble over
each other in his behalf; the community
feels that justice has been done and does
not shudder at the penalty, which it,
through its agents. has inflicted.
Today there are thousands of muir
derers abroad in the land who would be
grinding out their lives within the walls
Of the penitentiary if the death penalty
had not saved them. Were it not for
the death penalty there would not be
such a tendency on the part of the juries
to magnify the faintest suspicion of in
nocence into a reasonable doubt" of
guilt; higher courts would not so tensely
strain the law to give convicted men an
other chance.
There are many reasons why the death
penalty should be abolished. 1t is in
effective as a preventive Of crime; 1T
makes men brutal by familiarizing and
Iegalizing bloodshed; it cheapens human
life; but, worst of ALL it is potent fac
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