The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1905-06-30
CRIMINAL LAWS
MUCH TOO LAX
So Declares Secretary Taft In Speech.
Before Embryo Lawyers.
DELAYS PROVOKE CRIME
Judges Should b. Given More Power
and Be Allowed to Express Opinions
During Trials.

William II. Taft, secretary of war,
delivered the address TO the Yale law
school graduating class at New Ha.'
zen, Conn, Monday on "The Admins. :.
ration Of Criminal Law" Defending
The policy of refusing trial by jury to
The Filipinos, Mr.. Taft said that trial,
by jury had come to be regarded as
fetish to such an extent that state leg.
.slatures lave exalted the power Of
the jury ard diminished the power Of
the court. The result of this, Mr.. 4
taft pointed out, was great increase
In crime Of the felony class. The
administration Of criminal law in the
rrace to cur civilization. He hardly
thought it encouraged us to think It
wise to introduce a system OF jury
trial in the Philippines. MT. Taft
suggested as remedies the restriction
OF the right Of appeal and giving tho
dence AMI express their opinion to
the jury on the facts. Mr.. Taft said,
in part:
81 gric'e for my country, to say
that the administration of criminal
law in all the states Of the union
(there may be one or two eXceptions)
is a disgrace to our civilization. We
are now reaching an age when We
cannot plead youth. sparse civilization,
newness Of country as a cause for
laxity in the enforcement Of law.
THE institution Of trial by jury
has come to be regarded a fetish 10
ruch an extent that state legislatures
have exalted the power OF jury and
diminished the power Of the court in
The hearing Of criminal cases.
"The function Of the Judge IS limit
I'd 10 that of moderator in religious
assembly. The counsel for the de-
Tense, relying on the diminished pow.
Nr Of the court. creates by dramatic
nrt and by harping on the importance
Df unimpOrtant details, a false atmos-
phere in the court room which the
fudge Is rowerless TO dispel and un.
der the hypnotic influence OF which
the counsel is able to lead the Jurors
to vote as Jurors for a verdict which
after all the excitement OF the trial
has passed away, they are unable
10 support as men.
And now what has been the re-
rult in this country? Since 1885 in the
United States there have been 1881
murders and homicides, and there
have been 2,236 executions. In 1883
the number OF murders was 1908. In
1904 IL had increased TO 8,4S2. The
number Of executions in 1885 was
Jos. In 1904 the number was 116.
This startling increase in the mum.
her Of murders and homicldes as
compared with the number OF cxecu- ,
tions tells the story.
"Our country is dIsgusted by the |
number o. lynchings that occur both /.
in the north and south, and excuses
are sought for the horid and fendish /
oruelties rerpetrated by mobs in such
cases in some other cause than the .
DELAYS Of justice. Instances are cited .
Of where the mob has executed men .
whom they had every reason 70 be-
lieye were 10 be justly punished I'M.
der the law, 10 show that an i'm.
provement IN tho criminal procedure
would not prevent lynchugs. But /
every man Of affairs who has studied
tho subject al all knows that II men
who commit crime were promptly ar.
rested and convicted there. would be
no mob .1r the purpose OF lynchine. j.
Nothing but p radical improvement
IN every administration Of criminal
law Will prevent the growth in tho
number IL lynchings in the United
States that bring the blush OF shame
TO every lover Of his country"