Amador ledger., 1902-10-24
HOW 1T GROWS.

tion to the practice, which may
almost be said to have grown to
settled policy, of having defendants
in criminal cases plead guilty. The
only object a person accused of crime
could have in making a plea of
guilty, is to get a lighter sen teuce.
And the only argument that has or
can be urged from a public stand
point in favor of the plead guilty"
system, is that the expense of
trial is thereby avoided. 1t is as
sumed that this manner of disposing
of criminals without trial, is popular
with taxpayers because of economy.
We have no hesitation in expressing
the opinion, that it is neither
economical nor popular, and further
more that it is unjust and against
the spirit of the law To show how
this business has grown to serious
proportions IN Amador county of
late years, we have taken the trouble
to examine the records of the su-
perior; court for the past eighteen
years. Dividing this time into two
periods -one covering from January,
1885, uRtil january, 1898, eight
years; the other extending from
January, 1898, to the present time,
nearly ten years. The latter repre-
sents the term of Office of the present
sheriff, U S Gregory. In the first
named period we find 80 criminal
cases entered on the register. OF
these "a stood trial, and s pleaded
guilty. OF those included in the
latter, one case is in doubt, because
the outcome is not stated in the
register; but we let it stand as a
case of admitted guilt OF the 8
cases two were Cinnamon and one
an Indian. OF the remaining five
cases, two were represented by at
torneys, leaving only three instances
of white men being sent to state
prison without the benefit of an at
torney to look after their interests.
Now let us turn to the other
period. From January, 1898, to the
present time, the criminal calendar
shows a total of SO cases-an
average of 81 per year against four
per year for the preceding eight
years. OF these, 80 defendants
availed themselves of their legal
right to jury trial by a plea of
not guilty; while A were led to
plead guilty AS compared with
the first named period, the trial
cases increased about 80 per cent,
while the confessed guilt cases in
creased at the rate of over 450 per
cent. In other words, under the
present regime, from some cause
or other A. times as many per-
sons are punished on a plea of guilty
than was the case prior to 1898. 1t
is also interesting to note that in
nearly all these cases of guilty"
from the lips of the defendant, the
accused has been unrepresented by
an attorney. In this regard we have
not had time to segregate them.
Nor can it be truthfully said that
this increase of criminal cases is due,
not so much to increased crime, but
to greater diligence and success on
the part of the peace officers in the
ferreting out of crime. If anything
the reverse of this proposition would
be nearer the truth. 1t is always
the case, that large percentage of
crime goes undetected and unpun-
ished. This will continue no matter
who is in Office. All that can be de-
manded is that the peace officer do
his utmost, without fear or favor, to
unravel crime, and convict the
offender in accordance with law.
1t is inconceivable that the radi-
dal departure in criminal procedure
which we have outlined has come
about without cause. 1t is beyond
our province to look into the secret
springs of the change between the
administration of the present and
the past. All we can do is to point
to the record, and let our readers
draw their own conclusions. 1t is
undeniable that difference is made
in the degree of punishment meted
out to one who pleads guilty and one
who stands trial. To illustrate this
we cite one instance. Christensen
and Gotaw were charged with grand
larceny committed at Tabeaud reser-
voir. They were both involved in
the same affair. Christensen was
looked upon as hard character, and
the head and front of the offense.
But he pleaded guilty, and was given
two years. His companion Gotaw,
concluded to stand trial. He was
convicted. He got seven years.
1t is not for US to discuss motives.