The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1903-10-14
Failure of Justice in Criminal Courts

Failure OF Justice In Criminal Courts.
1t Is common for people in discussing
the many failures of justice in our
criminal courts 10 lay all the blame on
the ~juries' While it is true that the
iuries do fall shamefully short Of duty
in most cases, the judges are primarily
to blame in that they set the example
of laxtty and Indifference to response
bility. In this State it seems to be the
rule with few exceptions tor the Judge
to surrender the control of the court
to every influential criminal from the
first call of his case till it Is ended to
his satisfaction. Any suggestion from
the defense is readily acceded to, dlla-
tory motions, are entertained aud
granted and every assistance seems to
be given to the attempts of the couu-
sci to evade the law. The granting of
a motion for q continuance is such q
matter OF course that q judge now
seems to think that in over-ruling one
he would be violating a sacred proceed
emit.
A travesty was concluded in Column
bia q year or two ago which illustrated,
throughout its whole course, the ease
with which a man of influential con
nections can obtain a continuance, and
also the effectiveness of this measure
in securing an acquittal.
If the judges were only as faithful
and fearless in the discharge of their
duties as most Of the solicitors are we
would likely have a ~stricter and more
conscientious discharge of duty on the
part of the jury.
The rule should be to promptly over
rule any dilatory motion, for there are
not two in fifty that have any merit,
and a continuance should never be
granted until the grounds for it have
been established by the strictest inves-
tigation.
We need a reformation in our Judi
ciary system. Our judges should be
paid larger salaries, so as to command
for the bench the best legal talent and
the ~profoundest learning; the terms
should be longer (life or good behavior
would be best) so that a Judge would
not feel it necessary to divide his at
tention between his official duties and
the Cancellation of powerful influences
that might bear upon the next cleo
ton, which under the present system
is always only a short distance off; the
power of the Judge to comment on the
facts and to aid the jury in applying
the law to them should De restored.
Two thlrds-if not a bare majority of a
jury should be allowed to find a ver-
dict; under the unanimous system it is
always possible for one mar to defeat
justice. The probability is that there
is not one jury out of ten that does not
contain at least one man who can be in
fluenced by money, prejudice or senti-
ment to cause a mistrial. Too much is
placed at the disposal Of one corrupt or
weak a III lam not mistaken Judge
Hudson has been advocating the two
thirds verdict for years, and than'h he
there Is no sounder or more sensible
man on or off the bench.
While we cannot expect to awaken
the people at once to the expediency OF
the reforms suggested, such as higher
salaries, longer terms and more power
for the Judges, and the abolition of the
unanimous jury, ye. the press of this
State, which Is unexce led for clean
ness, patriotism and ability, may so di-
rect the pressure of public opinion that
the judges will be forced to use vigor-
ously. in furtherauce Of justice, every
one of the few powers left to them by
the emasculating process to which they
have been subjected f~r some years,
and though they have been reduced
almost to figure heads, the influence OF
their example will be bound to have
q wholesome effect upon the jurles
In the present unsatisfactory conditions
OF the system under which they have
their being.
The pressure of public opinion may
also be directed to bringing about more
discrimination in the selection OF
judges by the legislature. AS an evil
dence of gross care'ess-ess in this
quarter, we have ON the. bench now,
one very incompetent Judge, who is
satd>to have had only q few months ex-
perience at the bar. He has, more
than once, according to newspapers &C.
counts, which have not been contra
dicted, made himself ridiculous and
caused the Conrt to be a laughing
stock for the criminals who passed
through his weak hands.
The press has shown its power for
judicial reform by accomplishing the
retirement OF one incompetent Judge,
who, by an unseemiy and inopportune
diatrlbe, or q certain recent occasion,
nnintentionally acknowledged its powe r
and paid 1t the highest compliment as
ac~onservator OF the public interests.
An enlightened press is to-day as
mach as ever, the dreaded foe of tyr
amy, incompetency aud corruption.
CIyICS,