The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-07-23
Criminals Are So Addict
ed to Practice OF
BREAKING THE LAWS
That Reform Seems I'm possible
-.Punist ment Melted Out TO
This Glass Next to the
Chair In Severity.

Columbus, July PA study OF the
Ohio laws for the punishment Of crimes
is interesting and instructive. 1t is
not generally known that under our
laws, next to death penalty, the penal.
ty for having been thrice convicted.
sentenced and imprisoned in a penal
institution for felonies is greater than
for murder in the second degree. I'm.
der the habitual act the courts can give
from one to twenty years in addition
to life. The only advantage over the
life Imprisonment of an habitual is that
he can be paroled, right denied the
murderer convicted and sentenced for
second degree. The penalties for
crimes committed in Ohio from first
degree are as follows:
First degree murder, death.
Being an habitual criminal, from one
to twenty years and life imprisonment
First degree murder, with recon-
mendation for mercy, life imprison-
ment.
Second degree murder. life imprison-
Inent.
Mapsiaughter, from one to twenty
years Imprisonment.
Robbery, from one to fifteen years.
imprisonment.
Burglary. from one TO ten years i'm
prisonment.
Grand larceny. from one to seven
years Imprisonment
It Is possible for a person to receive
a sentence of ten years and life i'm
% he hnH 81 -
meat under the laws Of Ohio, thus:
A person who has served more than
one term in other states than Ohio
would be an habitual criminal under
Ohio laws II convicted Of the theft OF
a ham obtained during the night sea-
son, or II convicted under the tramp
act. But one offense has been COM
mitted in Ohio, but the habitual GRIM
inal law says whether committed In
this state or elsewhere within the lin
Its Of the United States" The first
two offenses may have been committed
before. the passage of the habitual
criminal act but the law says, whether
committed heretofore or hereafter"
The habitual law says person must
be Convicted, sentenced and impris-
.oned for felony heretofore (third Of
fense) committee" before being deem
ed and taken to be an habitual crimi-
nal" but the upper courts have refused
to allow this point. The manifest pur-
pose OF the law was to confer judicial
power upon the managers OF the PEN
itentiary as In cases of indeterminate
imprisonment. 1t is claimed that the
reason the supreme court refused to
allow the above point was because the
parole OF first termers would be void
IL the point was allowed. The habitual
criminal law of Michigan, law SINH
lar to Ohio's law was declared void on
the ground that 1t conferred judicial
power upon the managers OF the PEN
itentiary.
The supreme court Of Ohio held that
the law was not retroactive, whether
committed heretofore or hereafter"
TO the contrary Notwithstanding. The
court said that the act In question
provided an additional penalty on
account of past felonies." There have
been but three crimes committed, but
the courts decision digs up fourth
penalty!
According TO the habitual criminal
law person is not an habitual crimi-
nal until convicted, sentenced and Inn
prisoned In the Ohio penitentiary for
felony hereafter committed" that is,
jmpriscusd in the Ohio penitentiary
tor felony committed after the passage
~ the act--tha third ofIense.
suppose the law had bean held nm
~ 1Pa WOW hnxn