The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-04-09
THE DEATH PENALTY.

The DEATH PENALTY.
The tendency in the legislatures OF
Massachusetts and other states of meas
ures looking to the abolition or ouaIitica-
ton OF capital punishment for murder In
the first degree brings the question of
the true punishment to be imposed for
such offenses into general prominence
again. Very inter esting data have been
compiled recently on this subject 1t is
shown, for instance, that in just twenty
four of the states of the Union the death
penalty is maintained without uuaIifica-
ton. An equal number of states have
abolished the penalty adopted sub
stttuted policy at the discretion of either
the court or jury. All Of the older coun-
tries. excepting alone Belgium, Holland,
Italy, Norway, Russia. Portugal and
eight cantons of Switzerland, maintain
the death penalty without qualification.
tain capital punishment are Arkansas,
Connecticut, Delaware, Florida, Idaho,
Kansas. Louisiana, Maryland, Massa-
cliusetts, Missouri, Montana, Nevada.
New Hampshire, New Jersey, New
York, North Carolina, Oregon, Perm
sylvania, Tennessee, Vermont. Vir-
ginia,. Washington, West Virginia and
Wyoming. Those in which the death
penalty is abolished are Colorado, Maine,
Michigan, Rhode Island and Wisconsin.
In Alabama. Arizona, California, South
Dakota. Georgia, Illinois, Indiana. Iowa.
Kentucky, Mississippi, Nebraska, Ohio,
oklahoma and South Carolina life i'm
prisonment may be substituted for death
by the verdict of the jury
In our own state, as in two others,
North Dakota and Texas, and in New
Mexico the provision of law is that. If
the court certifies its opinion that tbs
case is not one in which the penalty of
death should he imposed the punishment
shall be imprisonment for life in the
state prison. In Utah it is discretionary
with the court on the recommends ton of
the jury to remit the death penalty.
~ t'HSiNctlllS the general proposition
there are few considerations which
have entered largely into the attitude of
the several legislatures, ana, indeed, Of
the courts. In New York. for instance,
the proof required Of generalization must
be clear beyond all possibility of doubt
before the court will return a verdict of
murder In the x1rbj1
those states which retain capital punish
ment II will be seen that there are three
classifications Of punishment-death, life
Imprisonment and Imprisonment for
term-still the exactness of PROOF required
of deliberate purpose operates. except In
extreme cases, favorably to the de-
PENDANT.
There will always exist in the mind of
the ordinary jury a desire to avoid IN
flicting the extreme penalty of the law
Whether the law expressly gives them
any discretion as to the punishment, they
always have the right, and they rarely
fail to excuse it, except where the MUIR
der is attended by brutal circumstances.
to bring in verdict of murder In
minor degree. 1t is on the score of pub
lie policy that capital punishment has
been maintained, and it is invariably ac-
companied by the privilege OF executive
clemeney.
1t is now generally recognized as true
that the fear of his own death often stays
the hand of fine xyouId-he homicide III.
care taken to avoid detection in all cases
of premeditated murder leaves little doubt
on this score In more than one state
in which capital punishment has been
Many man of murderous mclinations