The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1903-09-22
Crime Is Unpunished Because the Law Gives the
Criminal Undue Advantages.

In a trial for any capital ofense, apart from
any other reasons, the mode of trial prescribed
by legislation, of itself, renders a conviction for
murder in the first degree almost an imposslb1lty
in this State, except In cases of sheer poisoning
or lying in wait, if the prisoner is able to retain
able and skilful counsel. If the abolition of
capital punishment was embodied into law, and
was a fair expression of public opinion, this
would be proper. But because the practical abo-
lition of capital punishment is not according to
the law, which still denounces capital punish
ment in certain cases, and is contrary to public
opinion, we have lynchings, to threaten public or
der, and the great increase in homicides, as
shown from our official reports. In a trial for a
capital ofense, formerly the prisoner was Meth
er allowed counsel to speak for him, nor compul-
sorry process to summon witnesses in his behalf,
nor the right to cross-examine the witnesses for
the State. To mitigate this barbarism and injus-
tice of the common law, a great disparity IN the
number of challenges was given the prisoner.
Now, though the above disadvantages to the
prisoner have been removed, the prisoner has still
twentythree peremptory challenges, while the
State has only four, besides his unlimited num-
Der of challenges for cause. It is only neces-
sary for the prisoner to "run" for one man on
the panel who is f friendly to him, for, if he can
ecu OudI A4nA ~ GUO 4OJCOO4OA - OAH LIZ
others besides those stood aside for cause, he has
defeated the unanimous verdict which is requisite
for conviction.
The prisoner has, and should have, the bene-
fit of the presumption of innocence, and that the
jury should be convinced of his guilt beyond a
reasonable doubt; and he has also the unavoid-
able advantage that every judge who sits in the
trial court and in this court has, like the writer,
more or less often been counsel for those charged
with crime, and naturally views every cause,
more or less; from that standpoint, and with the
natural sympathy any humane man must feel for
any one who sits on trial for his life. In. ad-
dition, in our State, the jury must be unanimous,
and the failure to agree of one juror out of
twelve defeats conviction. This has been changed
in some of the States, it having been found ne
| cessary, in order to secure the administration of
| Justice, to require only a two-thirds of asthree-
fourths vote; but the people of this State. will
be slow, probably, to abolish the requirement of
a unanimous verdict. The State, however, is fur
Their handicapped in capital cases, and without
any reason, by the prisoner being allowed twenty
three ~peremptory challenges to its four. This
has been changed in most of the States, which
now allow an equal number of p~eremptory chal-
lenges CASUALLY six or tenn to each side. Then
the defendant in all criminal cases has the still
1urIn0r advantage ChaC Willie CU0 A0Hoa Con
except, and review on appeal any ruling against
him, the State can never except to any ruling,
however erroneous, made in favor of the pris-
oner and against the prosecution. The increas-
ing tide of crime should be repressed in an or
derby and legal way, by the administration of the
law by the courts, and resort to any other mode is
evil, and evil only. But to do this, the admin
i~stration of justice, especially in capital cases,
should be more efficient. Any amendment which
shall render it possible to convict the guilty viii
not, if properly framed, destroy any safeguard
to those who are innocent. It is possible here,