New-York tribune., 1901-03-28
TO ABoLTSH CAPITAL PUNISHMENT


The bin relating 10 the penalties for murder
in the first and second degrees. which nassed
the Assembly on Tuesday by the somewhat
surprising vote Of "a 10 % NAV have been long
and carefully considered at Albany. but II has
certainly attracted little attention elsewhere
Yet lis enactment would have exceedingly
important consequences. and in our opinion the
senate ought not TO ratify the action of the
, Assembly except on strong evidence that n is
fuily understood and generally approved bv the
people The bill has been described as n hin 10
ahollsh capital punishment. and that descrin-
non is probably not far wrong It provides that
murder in The first degree shall be punishable
10y death or by imprisonment for life. and muir
der IN the second degree by imprisonment for
HE or for term of not less than thirty wears
ana The jury in every case is required TO accom-
pany its verdict with a recommendation IN tho
court stating its preference as to the alternative
penalties, the final choice between them restinc
with the trial judge. II is believed. with rood
reason that jury would seldom if ever recon-
mend the death penalty. and that n Judge would
seldom if ever deny iury's solemnIy EXPRESSED
desire TO have the lighter punishment inflicted
It is thus proposed practically to reverse by
indirection the ancient policy of the State in n
matter Of the utmost gravity
n II - uesiiaDle 10 abolish capital punishment
We cannot fhlnk that this is the way to do IL.
lhe obJect which this measure would presuma-
biy accomplish may be and in fact is strongly
oesired not only by many persons who assume
that the judicial killing of n human being is
never JusuhaDle, but also by many others who
believe that a larger proportion of murderers
"oula De found guilty if Imprisonment for life
Were The maximum penalty, and consequently
fewer murders lAa
question is debatable on general grounds. but
we DO not care at present 10 contribute tn it's
discussion our purpose being to suggest certain
specific considerations 10 which tho sor..o
ought 10 give due heed when IL takes nm
Assemblyman Bryan's bill. Is If wise ora s,,,t
able 20 invest the jury I'm q murder case Win
so large degree OF discretion. yirtuaIlv arono,,
erinS II 10 make the law for that partjcuar case;
is II just 10 introduce one element of chance
into trial for murder by making the mur
derers life depend 10 some extent ,no, ,b
option as well as the judgment of the twelve
men TO whom his fate happens TO he com
mitted. and another element of chance NV ,n,nos
ing the choice between alternative nenaltie,
upon the Judge, who may be either a consc,o,
tious advocate or conscientious opnonant -,
capital punishment? AS we have said w,
believe the result would be the nrac,,o.r -
Ntion of the death penalty: but Justice opyh, :,
be uniform. and the risk OF startling con,ros,
in the administration of the criminal law .uch
10 be avoided as far as possible II wor,5 ~
scandalous. and clearly seen to be So II in ouic,
succession one murderer should be nut 10 dear
and another who had been found equally cuil,,
and cdious should escape with his life becous
he was more fortunate in his jury or his Judge
Under the present law ignorance or excessiy