The San Francisco call., 1905-06-28
TAFT ON AMERICAN LAW.

q ECRETARY TAFT who has served the Federal bench
and stands the front rank Of American lawyers in his ale
- address criticized the of American criIlna
law He did hesitate put the blame where belongs Inc
Call has pointed that the wide popular prejudice against Judges
who held responsible miscarriage OF IN crlnla
misplaced jures and not the Judges
Secretary Taft fault back from the uries to the ten
dency sna the office of the judge in the trial OF
criminal The judge may deal with the law only hle the
entirely digestion by jury So have
marabe vedcts In recently where aged men were put
murder urs reduced the murder in the second
the crime be clearly murder in
the first degree with the penalty either death or lite M
These verdcs obtained by counsel using the age OF the
defendants mitigation OF their Now the law strictly adj
mnistered permit age work mitigation of penalty A
vicious and awles disposition OF mind rcessy cherished into
old and finally leading murder what the law intends to
by punishment Age has nothing do with it. Young
men, under the same circumstances facts and evidence would nave
been hanged by the jury When nurdeous disposition
old age finally leading the act not sufficiently
punished the effect is to encourage the young to give their eV
the guilty. and time admenish others OF the
punishment that awaits the pursuit of evil course OF life In the
there have been murders and homcdes
States only 26 legal executions The murders
and omcds averaged 6597 per year. only r4
The responsibility with the uries The juries the
body the people The mob that remedy the mistakes OF
the ue supplied by the people Judges powerless
under our present system Considering large of
homcdes conceivable that juries there
OF connected by some tie OF kin or friendship
with others who have been guilty of murder By perfectly natural
psychology such jurors are in sympathetic attitude OF mnd toward
man who is on trial for murder Mhen the same psychology
carried into the trial of criminals guilty OF crimes against property
the evil wdened and the safeguards of life and property
The alarming all citizens who choose
in increasing the of the judges enagng their function i'll
the trial criminal 1t that qualified by
training and capacity and judgment for service persenty
They the logical quality of mind judge and
apply proved But their
tends put quite another class unfit the
responsibility. nation finally stands
according faithfully enforced carelessly adj
nered The jury part of institutions 1t
if law survive the jury be reformed Men fit
be called and ues receive
from the judges The judge knows when fact has been
proved He knows how proof disproof legally affects the
Yet compelled sit powerless while the jury
by proof insufficient and
wholly introduced the final of
counsel
There is little complaint of the disposition of civil when
left the Judge Equity decisions by the court alone accepted
geousy decided Where the Judge alone responsible for
decision affecting the rights OF there instant acquies
The weak administration of law is the
The fault The law the judge larger
trials than permitted He be authorized
give the jury his opinion of the facts well of the law Nov
he ubunctive. If the jury think such such fact
proved then the law applied to and How jurors
this when they hear from the bench Inevitably they
question why the applies and being lawyers, and being
for themselves the application of law
they purely sentimental verdict by
torical flights of counsel
The American bar has duty in the premises Secretary Taft
has indicated the remedy be larger relation between the court
and the jury Every State Legislature has large contingent of
membership. Let lawyer consider his duty
press upon the Legislature the need of this reform