The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-01-31
new CRIMINAL CODE.
Griggs Commissioners Re-
commend Many Impor-
tant Changes.
M%ISDEMEANoR AND FELONY
Punishment for Murder in the
Second Degree Increased to
Thirty Years = Other
Penalties.
MISDEMEANoR AND FELONY

commission appointed by Governor Grlggs
to revise the statutes concerning crimes
and criminal procedure held its final
meetings Saturday., and has so far com
I pleted its labors as to be in a position to
report to the Legislature next week. TIL
| commission consists of Judge J.. Franklin
| Fort. chairman; Frederick G. Marsh, who
was until recently Prosecutor of the Pleas
of Union County, and James s. Irwin, who
has been appointed to, succeed Charles S.
Winfield as Prosecutor of the Pleas for
| Hudson county.
Since the appointment by the Governor
| the commissioners nave held many meet
ings, and during the intervals they nave
been working individually on the changes
it is proposed to submit. Much OF the
work has been done by Judge Fort, ana
Secretary Irwin said after the meeting to-
day it was done so thoroughly he expects
the recommendations will be adopted py
the Legislature without change.
If the recommendations should be adopt
ed in their entirety, together with the Dill
concerning the recommendation OF a jury
for mercy in capital cases, that Will mean
much as regards capital punishment III
this State. No attempt is made TO repeal
the statute providing capital punishment
for conviction of the crime of murder IN
the first degree. but the pen
altv for murder in the second degree is
increased from twenty to thirty years
The minimum penalty of five years Tor
murder in the second degree is omitted
and the so per cent. increase IN the max
iynum penalty for the crime VIII tehd' i.
is expected, to induce juries to indict LOT
murder in the second rather than IN the
first degree, except in aggravated Cases.
Even in the latter. provided the Dill intro
duced bv Senator Daily, with the ostensloie
| object of saving Murderer Clifford from
the gallows. should be enacted, the oeath
nenaltv. could be avoided by a simple rec
o~mmendation to mercy.
The commission will recommend the re-
naa1 of all the statutes concerning crimes
ana criminal procedure as they no"
avist and the enactment of specific meas
,,res containing in a condensed and com
,~aharsiva form much of the existing
statutes and the changes suggested by the
commission. Summarized, the result VIII
he a vast reduction in the number OF stat
utes. repeal of conflicting statules' pio-
v;ding a uniform punishment and methoo
of procedure for crimes similar IN ehai-
acter. and a simplifieation OF the Haclel
of drawing indictments.
With respect to the first, the NUMBER Of
sections in the general act for the pun
ishment of crimes is reduced from 5U 70
GAG. Ninety-four statutes concerning GRIM
inal procedure will be repealed ana the
number existing reduced from 24 to lso.
From those remaining, condensed ana
consolidated, all unnecessary verplage
has been eliminated and the newly en-
acted laws will be less than half as
,,ol,,mjnors as those now existing. on the
subject.
A clear distinction will be drawn be-
tween felonies and misdemeanors Where
none exist ait present, except by practice.
Under the present system an lndlvldual
| charged with an offence in one county is
frequently indicted for felony, While an
other charged with a like offence in an
adjoining county is indicted Simply for d
| miSdemeanOr :.
To more clearly define misdemeanor, it
is divided into two classes, to be known
as high m-isdemeano and mlSde-
meanor.s For the former which RANKS
next to a felony, the maximum penalty IS
{! fixed at seven years Imprisonment, or
| $4,000 fine. or both, and for "misdemeanof
the maximum penalty is fixed at three
! wears IMPRISONMENT "a 9l,VOO lliiC vi OONAi.
Treason, misprison of treason, murder.
manslaughter, arson and incest remain as
| felonies, and the crime OF petit treason IS
| entirely eliminated. So is the statute per-
mitfing The Court of Oyer and Terminer
to give the body of an executed crinina
to a surgeon for dissection. That right,
while existing for many years, has not
been exercised because it savored of bar
! barism, and for the same reason it has
been decided to repeal it.
The name of the Court of Oyer and Ter
miner and General jail Delivery Will be
shortened to Court of Oyer and Ter
miner" and the Court of Quarter Sessions
of the Peace will hereafter be known as
| the Court of Quarter Sessions"
The ancient court cry will be ~supplanted
with a more modern system of opening
court, and the Court of Special Sessions
will be extended to every county in the
| State in order to facilitate the trial of
exist, and because 1t is intended, as al
ready announced, to curtail the power of
Justices of the Peace.
The difficulties surrounding the lndlct-
ment and conviction of so-called money
sharks are removed. and extortion in the
matter of interest for loans on household
furniture is made a serious offence that
| can be readily reached by the courts.
No change is made in the law concerning
poolselling and bookmaking or selling Ii
quor without a license. The powers and
duties of police courts are more clearly
| defined than at present, and considerable
attention is given to the subject OF prose.
| cution for suits on account OF violation OF
city ordinances.
At present in case of conviction for vio-
lation of an ordinance where the maxi
mum penalty may be only S. fine the al
| legged offender may be sent to jail IN de-
| fault of payment. sa,
No right of appeal is provided except on
| certiorari, and that method is so expen-
| sive that fines unjustly imposed are often
paid by people who would rather do so
than submit to the trouble and expense OF
an appeal.
With the proposed change an inexpen-
sive appeal to the county courts is pro-
vided for.
Included in the recommendation is the
| bill, which failed of passage at the last
| session. designed to permit the circuit
Court Judge to sit alone in the Court OF
Over and Terminer, instead of being ac-
companied by the Judge OF the County
| Court.
This act goes further, and permits either
the Circuit or County Judge to sit alone
in Oyer and Terminer. or any other court,
within their jurisdiction.
1t applies only to counties with more
than 800, 600 inhabitants. and would eonse-
auently affect only Essex and HUDSON
counties.
That. many lawyers argue might render
| it Unconstitutional in view OF the anti
| spring election decision.
If it be right, they say, for one Judge p
sit in Oyer and Terminer IN Essex Or mud
son there is no good reason why one
| Judge should not sit in Salem or cape
NAV or any other county.
That feature may be changed after the
report shall have been submitted TO the
Legislature.
Stop dragging yourself with quack nos