The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-21

majesty of the law is fast becoming a
thing of the past.
ERRORS OF HUMAN JUDGMENT.
Touching now briefly on some of the
reasons for adjustment of capital pun
ishment, we then proceed to the final
and main reason for striking the pen
atty of death from our statute books.
1T is irrevocable. and no human pun
ishment. with it's liability to error.
should be-" 1t is estimated from known
cases that in England one innocent
man in every two years suffers death
on the gallows, or an equal of fifty in a
century-enOugh to cause all jurieS to
hesitate in condemning a man to death,
especially as in the majority of cases
the evidence is uncertain or circum-
stantial. and the medical authorities as
sure a large number of those who are
executed are insane
Now as 10 the question whether or
not the amelOTation of the severity of
the punishment makes conviction more
sure and tends to diminish the crime.
l think it does. The facts all point that
way.
AUTHORITIES QUOTED.
Writing to Mr. John Bright, the gov
The evil tendency of public eXecu-
tons. the great aversion of many to
the taking of life. rendering it almost
impossible to obtain jurors from the
more intelligent portion of the corumun-
ity. the liability of the innocent to sHf-
fer so extreme a penalty and be placed
beyond the reach of the pardoning
power, and the disposition of Curts
and iuries not 70 convict, fearing the
~,
that this relic of barbarism should be
abolished. The death penalty was re-
pealed in 1888. no legislation has since
re-established it and the people find
themselves equally secure
In 1873. Governor Washburne says in
his message:
There can be no doubt that the
change in the law has made punish
ment more certain. and but express
the opinion of those who have most
carefully considered the question when
I state that but for the change in the
law, at least one-half of those con-
victed would have escaped all punish
ment, so difficult is conviction when
the punishment is death"
The governor of Michigan says:
Before the abolition of the death
penalty it was the common belief that
no jury could be found which would
L
public opinion sustains the present law
and is against the restoration of the
death penalty. Conviction and punish
ment are now much more certain than
before the change was made
The chief justice OF Rhode Island
says:
My observation fully justifies me in
saying that conviction for murder is
far more certain now than when death
was the punishment of it."
United States cOnsuls in various
countries report as follows:
Belgium: THE penalty of death has
/ not been abolished, but since 1866 it
/ has not been executed. Murder has
I decreased Lie per cent"
/ Costa Rica: The results of the
I abolition Of capital punishment here
/ are considered favorable
Holland: There has been no in
! crease of crime since the abolition Of
( the death penalty"
/ Italy: Since the abolition of the
! death penalty by the new common
penal code, which went into effect
January 1, 1890. the results obtained UP
/ to the present time have fully realized
/ the expectations cherished by parlia-
ment. by public opinion and by stu
dents of criminal Matters
Portugal: The death penalty was
abolished in 1867. and the number of
: homicides to which this penalty was
applied has diminished during the
succeeding years"
Senator JesSup writes in Iowa in 1876,
Murder in the first degree has not
increased but for four years de-
creased. Previous to the repeal of the
! old law there was one murder for
every 900 people. For the four
years since abolition there has been
one in every 1200. 600. There is more
lynch law where the gallows is re-
tained''
The other states and countries which
have abolished the death penalty are:
Maine. Brazil. Switzerland 6fteen
cantons) and Venezuela.
REHABILITATION. ~
To recapitulate the evidence in my
mind unquestionably shows:
That the death penalty does not de-
ter the commission of murder
That the people are becoming large
ly opposed to it; hence juries will rot
convict, and murder trials are gener-
ally abortive.
That for the reason punishment I'M
der the death penalty so often fails
crime is increasing.
That the people. seeing the law sc
often fail. and often anticipating. from
mast experience, that it will do so. and
without taking the trouble 10 investi
gate. allow themselves to be carried
away in excitement and resort Il
lynch law
That life sentence, without power o.
pardon under twenty-five years, IS thi:
bin provides, makes punishment mort
sure.
Wherever adopted, murders hav,
decreased.
Under the present system of prison
employment the convict is not a. charg,
upon tne state, and often a source O
revenue.
And in cases of married prisoners
they can be made to z1pport theii
families. who. under the present sys
TEN, are bereft of the bread-winner
and thus through his death the limo
cent are made to suffe-