Western liberal. (Lordsburg, N.M.) 1887-1919, 1896-07-03
INCREASE OF HoM1cIDEs.


| American heVleW Judge i. =. Parker
of the United States district court for
the western district OF Arkansas dis
cusses the causes 9f and the remedy
for the recent increase of homicides
In the United States. There is no
dispute about the facts. During the
last six years there have been 43,002
homicides in this country, an average
OF 1871 per year. Within the same
period there have been 723 executions
and LIS lyucbings, In the last year
10000 persons were killed, whereas in
1890 there were only 1920, or less than
half as many. The figures prove that
homicidal crime is increasing at an
alarming rate.
To what cause should this startling
phenomenon be attributed? The
opinions Of David Dudley Field of
Justice Brewer of the United States
supreme court, and of Judge Elliot
Anthony of Illinois are quoted to the
effect that the increase of homicides
is due TO the ineffective adminlstra-
tion Of the criminal law. Judge Par
ker concurs in this view and expounds
IL at some length. He dwells success
sively on the morbid sentiment which
begets undue sympathy for the GRIM
inal and evinces none or but little for
the victim; on the indifference Of the
the community at large to the en-
forcement of the criminal law; on the
corrupt verdicts which are the out
come of fraud and perjury; on the inn
proper exercise OF social, pecuniary, or
political influence, whereby juries are
swayed from the line of duty; and on
the indifference and negligence of
trial courts. But, according to Judge
Parker, the greatest cause Of the in
crease of homicidal crime is the ac-
tion of the appellate courts, which ex.
ist for the purpose of considering and
acting on alleged flaws 10 the records
of the trial tribunals. The strenuous
efforts Of appellate courts, it is al
legged, are directed to the discovery,
not of reasons for affirming, but of
reasons for reversing the sentence
from which an appeal has been taken.
Assuming what most lawyers would
probably concede, that the causes of
the porLentous increase of homicides
have been correctly enumerated
above, let us see what remedies are
suggested. We note, in the first
place, that Judge Parker is not one Of
these who advocate the abolition or
the modification Of the jury system
Holding that it is not so much the Sc
verify as the certainty Of punishment
which is an effective deterrent, he
would cenfne the efforts of criminal
law reformers to remodelling the ap-
pellate court system. He would or
ganize in every state and for the ma
tion courts of criminal appeal, made
up Of Judges learned in the criminal
law, and governed by desire for its
speedy and vigorous enforcement. To
these tribunals he would have sent a
full record of the trial in the lower
court, and they should be compelled
to pass upon the case as promptly as
possible. according to its merits, and
TO ascertain the guilt or innocence of
the accused from the facts and the
law of the case manifest on the rec
ord. Judge Parker's notion is that
sach courts of criminal appeal should
not be suffered to act upon a partial
record or on any technical plea not af-
fecting the capital question of the
guilt or innocence of the accused. lie
would, in flne, provide by law against
the reversal of cases, unless upon
their merits innocence was manifest.
In word, Judge Parker, while Sc
curing to every man his right to have
his case carried up to a court Of Grim
inal appeal, would try to so guard that
right aguinst abuses as to restore pub
lie confidence in the enforcement OF
the law against homicidal crime.
El Paso Herald: The convict camp