The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-15

1t is now nearly seven years since
the American people began to be in
timately acquainted with the inhabi-
tants OF the Philippine islands, but
that acquaintanceship has been al
most exclusively along military and
commercial lines. True, the people of
this country have learned something
about the social conditions which OBJ
tain there, and from time to time
there have been interesting account IS
Of everyday life from the pens of traV-
eierS, governors and insular agents,
but the knowledge of the Jurisprudence
Of the islands is exceedingly limited.
extraordinarily little, beyond a mere
outline to the effect that the Spanish.
when they ruled the archipelago.
framed statutes which were notable
for their strictness and definiteness.
Those laws are today, with few ex-
ceptions. as effective under American
rule as they were when Spain was the
governing power.
At the annual meeting of the State
Bar Association of Utah last Monday
evening an interesting paper on this
subject was read by Richard w. Young
OF this city. and many lawyers who
were present confessed that in a great
many respects the penal code of the
Philippines WAS worthy of more than
passing consideration. The iay mind
viii also find much of interest in the
provisions of the code. as they are
narrated by Mr. Young ia his paper,
which follows:
Philippine Penal Code.
"This code like all other Spanish
codes. is remarkable for precision of
language and definition. Although the
American lawyer may differ With many
OF its provisions. he can but admire
the beauty OF its workmanship. 1t
has many features thai ar morthy of
more than a passing notice: but II is
to its provisions limiting the discre-
ton of the judge and respecting the
application and nature of penalties
that ] desire chiefly to draw your at
tention this evening. The discretion of
our judges extends. uncontrolled by
statutory rule, between very broad
limits; and we frequently find in our
penal code such provisions. respecting
penalties. as that crime is punish
able by Imprisonment for not less than
one nor more than ten years not
exceeding five years, a term which
shall not be less than ten years and
which may be for life not less than
three years nor more than twenty
years not less than one nor more
than twenty years etc. while
fines may be imposed which shall not
exceed $1,000 or 81 OC0 as the case may
be, and in many cases the discretion
OF the court extends to both fine and
Imprisonment within equally broad
limitations.
Discretion of Judge Limited.
1T is not SO under the Spanish sys-
TEN OF sprudence-the discretion Of
the judge is restricted by express sta tJI-
tory provisions within narrow limits.
With us, IL is supposed that the judge
VIII impose sentence having in view
the eXteruating and aggrdVating cir
cumstanceB of the case. such -circum-
stances remaining practically without
statutory enumeration: with the Span
iSh. however. all circumstances that
may he considered in eXtenuation or
aggravatiOn of the OfTense are minute
~ enumerated, and the judge. In the
imposition of sentence. must set down
in writing his findings of fact ard con-
Clusions of law. much we do la
equity cases. thus enabling a court to
review TO ascertain whether each cir
cumstance OF the case has been given
due weight and the sentence made to
fail within the precise and proper sub
division Of the corresponding penalty.
Under the latter system there Is lit
tie opportunity for prejudice or favor
TO influence the sentence. and. possibly.
too little opportunity for those i'm
pOrtant COnSfderd tons W hich are In
capable of definition to reveiVe due
weight Whether uniformity of pun
ishment and certainty thereof. 50 far
as the extent is concerned should, in
the interests OF Justice give ,Cay 10
uncontrolled judicial discretion. p a
matter upon which our own jurists
and those of the continent have diff
fered widely
Also Civilly Liable.
Before starting upon the eIucida-
tion- of tho subjects mentioned. il VIII
be interesting 20 note that the Philip
pine penal code provides that every
person criminaIly liable for a crime
or misdemeanor shall also be civilly
liable, and that the criminal court is
authorized to fix. according to it's 1udg-
ment. the amount for which the per
son condemned shall be liable. This
responsibility attaches to the heirs of
the culprit.
IN approaching the fixing of q SEN
tcucc, tho judge must bear in mind
whether the culprit is a principal. an
accOmplice. or an accessory, and
whether the crime was contaminated.
frustrated OF merely attempted Should
the crime committed differ from that
which The culDrit intended to commit.
sentence is to be imposed under the
operation Of a series Of rules. whose
character is indicated by the follow
ing. namely. that If the penalty pre-
scribed for the conSumlnated crime
should be higher than that correspond
ing TO the crime intended. the penalty
Of the latter in its maximum degree
shall he imposed. a frustrated crime
IS punishable by a penalty next low
er in degree than that prescribed for
the contaminated crime. Accomplices
I'm a contaminated crime receive the
penalty next rover IN degree IMAM that
corresponding to the contaminated
crime. and accessories receive pen
atty two degrees lower And so. il is
precisely stated by degrees how the
punishment OF principals, accomplices
and accessories shall vary in cousum-
mated. frustrated and attempted
crimes.
THE judge must also take into con-
sideratiOn the eNtenuating or aggra-
waiting circumstances of the offense
The penalty provided by law is to be
divided by the court. if the law itself
shall not have divided it. into three
equal parts. and the sentence shall be
imposed under the following rules:
Rules Governing Sentences.
Il. If neither aggravating nor ex-
tenuating circumstances should have
attended the deed. they shall impose
the penalty prescribed by law in its
medium degree.
-. If only an extenuating circum-
stance should have attended the deed.
they shall impOse the penalty in it's
minimum degree.
'3. II only an aggravating circum-
stance should have attended the deed,
they shall impose the penalty in its
maximum degree.
-. II both extenuating and agra
waiting circumstances should have at
tended the deed. they shall make a
reasonable allowance in the designa-