The record-union., 1896-06-28
HOW TO CHECK CRIME.

AS a check upon crime and an aid to
celebrity in criminal procedure, United
States District Judge Parker Of Ar
kansas advises the establishment Of
appellate criminal courts that there
may be prompt review of criminal
cases where appeals are taken Judge
Parker says on this subject, after an
extended experience, he having pre-
sided over more than hundred muir
der trials, that in six years we have
had 1892 homicides in the United
States, or an average of 1917 a year
In the same time we have had 723 le-
gal executions and LIS lynchings.
Last year alone 10000 persons were
murdered, or S75 a month, whereas in
1890 only 4,200 We're killed.
Judge Parker holds that there has
been too much attention on the part
of the appellate courts to mere tech
nicalities; that the civil rights Of peo-
pie and matters affecting property
rights are coming to be deemed of more
Importance than the administration of
of the people Corrupt practices are
resorted to to defeat the administration
of the law, and in support of these
views he quotes Judge Anthony of IL
lnois and David Dudley Field. Judge
Parkerss contention is that the su-
premacy of the law can be obtained
where a full, fair and rapid vindication
of the law can be had by honest people
through the courts.
That is all well said and forcibly,
the facts Of judicial administration in
this country will establish the conten-
ton of the Record Union" that what
we have most to complain of is not un-
fairness, technicality, missing the sub
stance, nor corruption in the admins
tration of the law, as in delay and the
opportunities for delay provided by
the laws themselves. Unquestionably,
there is greatly too long a time taken
In getting criminal cases down from the
appellate courts, but there is too long
time spent in getting them up to the
courts Of final resort That which will
make the law a greater terror to the
criminal classes will be the certainty
that the offender viii be followed,
taken and punished and that the case
Will be disposed of to final Judgment
ayld execution with celerity. Celebrity
g.nd certainty-these are the prime
needs for reformation in our system.
The courts are not nearly SO much to
blame as are the people who fashion
the law they administer. The people are
too little tender for the victim and too
solicitous to accord the criminal every
possible avenue of escape, for fear
that an innocent man may be punished.
It is not strictly true. as Judge Parker
puts it, that the action of appellate
courts upon criminal cases is the most
fruitful cause of the increase of crime.
That it is a cause is not to be denied,
and a potent cause, but the most fruit
ful is the book Of statutes which the
people make. Why. for instance, should
the laws enacted by the Legislature
make it possible for a criminal case
in mere preparation for appeal to be
delayed in the court below for one and
two years, or even for three months?
The people who make the laws can
just as we'll provide that the appeal
shall go up inside of ninety days The
same power may, if it chooses, require
that instead of a new trial being or
dered in every case where material
error in disregard of the rights of the
accused is discovered, the appellate
court shall render final judgment, and
enter the final decree in all cases where
it can do so.
There is no reason in the maximum
and minimum limits of thirty and
sixty days after final judgment and be-
fore execution. WheA a murderer is
finally adjudged guilty, why not en-
hance the certainty of punishment by
its celebrity. 1t is certainty Of convic-