The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-30

| Bentham To say that I'm certail case
Jurisprudence may be defined. the ar
OF being nethodicaliy ignorant az VIVA
everybody knows"
DELAYS OF CRIMINAL LAW.
In criminal law legislation has reduc
| ed capital offenses from zoo In nuTnoe
20 half n dozen. has abolished burning
lQuartering and dlSembowelling- ane
has graded penalties II ROW p'rmit'
the accused % Introduce witnesses II
his own behalf and allows INN counsel
II gives him humane treatment sfte'
conviction. Yet the present state and
administration OF the criminal law 4
one OF the crying shaGnes OF the day
and perhaps the greatest Of all re-
1 proSches 10 the Law. The delays and
Uncertainties OF American criminal pro-
cesfure are proverbiai Statistics prove
that the general impression Is well
1 founded. a very small percentage OF
persons arre.ted are scnvicted. nne OF
| these in prison at any one time IL Is
| said that over 20 per cent are recidi-
visits Crime IN the aggregate II said
u 10 have actually fncreaEed In the United
/ states during recent years The pro-
i eedure doe. not conyiet. the penalty
sesE not reform or prevent. Conflict
inE Individual interests are pretty apt
TO insurc the harmonseu. development
Of the law on its civil ride. but the HUI
urauifarian Instincts Of society. aided
BY the interested shyster. have chiefly
/ taken the direction Of amending the
Law the criminal side In the interests
90 THE criminal only, and have over
tpoked or diSregarsled the great body
OF taw-ab,tnnx. indu-frious. deserving
eifiz-nG. IN this respect out OF the SUI
Derstitfon 20 avoid Superstition. We
have. fn GUS saEsrnr-s 60 wipe out the
atrocities Of the OLD Animal law. gone
/ too FAR an the other direction We give
the accused every advantage and put
the state 20 every Disadvantage. We
stin require un2nimiiy or verdicts and
-xtfcrne precision IN indictments. per-
ana The general plea " not guilty. ie1v-
ing the prosecution rpen TO surprises
81 every Efnd a. TO the nature OF the
defsuse. a.lhsre strictly 10 the doctrine
Of reasonable doubt. and do not COM
pei the accused 90 te-tlfy against him.
self most OF which may be well enough
generally spsaking. and at the same
time We eive the accused other advan-
tnf-es above mentioned which he for
merry did net possess, which also Is
well caourh. But have We not gone too
far IN CONSUMING q Prohibition against
compUisi0u into prohibition against
q request 10 testify. IA granting new
trials Ut the request AZ the accused or
refusing them ~ the request OF the
State. In the extent 90 which the prac-
tirc ~ To- confessions - sometimes car
ried. In the invasion, ~ the bench by
fhe bar IN tke condnet 81 criminal
eases. and In The continue ton 81 tech
nicali;ies based on reasons that have
ioei their force
A. Prof Thayer says. I'm following
English precedenfs Ina such matters. we
FORGET TO supplement them by that
saving good sense which appears In the
sWiftnes. and NiEcr Of English admin
istration- IL we follow English prac-
tlcses We should remember thai they ar~f
All mean. Ia 40 together: they may
hose their wisdom and good sense when
separated
Isuf doubtless tho greatest reforms
in the criminal Law are 20 be effssted
through legislative recognition OF the |
results Of the new scierce OF pcnology. |
This science has inquired Into the
causes OF crime and aims at a treat |
nature anu the circumstances sur
rounding them. with a view To- the efii- !
cfent protection OF society. The pro- |
posed treatment is based on reason in |
stead OF being arbitrary and conse-
Intellectual ~ - the cas. with !
the present treatment. The most con- |
spicuOus features 81 these reforms are
the adoption 81 thc Rertiilon method 1
OF tdcnfincation. diffcreat provisions To l
meet the requirements OF different /
glasses 81 criminals. and FOR recidiv SITS. /
the indetertniurlfe sentence. andN re- /
vision according 20 circumstances. The
theory Ia that tho-c who have been i
proved 70 he h1hituaI criminals should /
not BE- released. any more than small
fsoX patients. until cured Let US re-
form "a well as puEish the criminal. 1
but 10 We cannot reform him. let us
not turn him loose upon society Here
In Hawaii. fortunately. reform IN Grim
inai procedure a. no; 50 pressing as Ia
certain portions OF the mainland. Swift
meas and certainty in the administra-
;ion OF justice In criminal eases here
have been the. rule. comparatively
speaking. and have excited the adm!ra-
ton OF 5frisfs cverywherc. But are We
not In nearly a. great need OF the re-
forms in The matter ~ penalties and /
treatment - eCuvicts that are, called
for by tie science. % the day.
In oar desire a. fnini th~ ir.tsf i'm
p Sod ga a. 10 prvuiote and-improvc the
~. Ne need not set forth. Don CuiN1tc- Il
tks 60 r.srrn the world OF even 10 ;u.n Il
sur cun G:tic Territory upside down IL
@ouid D. ur~i-s ~ do 50. Making prog 4
'ess sie~ly - the tested method OF III.
hroUSh decisions The practical rather
han the speculative is the English and
american method The American Bar
Association IN some instances considers
> rgCoF1ms ndinE It's adoption Gladstone
aid: The American Constitution u the
most wonderful work ever struck on st
given time By the brain and purpose !
= ruan-' lie rightly called 10 most :
soaderfui work but was historically In
Frur IN describing u as struck or az n
,ivcn time by the brain OF man. The Ia
r. conspicuous part OF that great In Z
trfusnt that was struck of by the I
rains of It's trainers and uDon which r
hey particularly pFidcd thcrnsclvcs-the Z
Electoral coiieTc-was perhaps the or; '
art that Was a complete failure. That tn :
;rumcnt owes It's exccliencics 20 the fact s
hat u Was the predict OF the scicctivf q
nd adaptive processes exercised upon !
.rsiish and colonial prcccdcnts- And 81 .
be- work OF thu lawyer In the legislative .
sveiopmcnt Of tbs law must be largely n
NJ ~ tudiciouE selection and adaptation a
ather than OF oriEination. Such has o
ssn To n large extent the source Of the /,
~snt body OF our laws that bear Tbs. I.