New-York tribune., 1907-06-18
"RE4SONABLE DOUBT"

The bill just signed by Governor Hughes
amending the code Of criminal procedure In re-
gard TO the issuance of certificates OF reason
able doubt while appeals are pending will end
an often criticised legal abuse. Under the Old
rule the attorney of convicted man appealing
from his conviction might seek from any judge
of competent Jurisdiction anywhere in the state
a certificate OF reasonable doubt. The granting
of such a writ kept the prisoner out Of Jail
while the appeal was pending. The new law
provides that such an application may be made
only TO the Judge before whom the case was
tried or TO a justice OF the Supreme Court at
a special term thereof in the judicial district
where the trial was held
The certificate of reasonable doubt Is an In
strument whose intent is to promote Justice If
a man has been convicted, and If in the mind Of
the Judge before whom he was tried or any
other Judge OF competent jurisdiction familiar
with the facts OF the case reasonable doubt
exists that on appeal the conviction will be set
aside il Is fair and just that the convicted man
should have his liberty until higher court has
passed final Judgment If the conviction Is an
error the defendant ought not to go to jail, and
if in the mind Of proper Judge there is doubt
regarding the conviction the defendant may well
be left free until higher court has cleared up
that doubt The abuse of the certificate has
sprung from judges taking the too lcnient view
tHdl II ut4cuu"ui may just as wen ItAI4dlu at
liberty during an appeal for. If his sentence
should be affirmed, the serving of his full term
would only be temporarily delayed. Our whole
criminal procedure Is full Of excessive regard
for the criminals rights. and this generous
view which many judges have apparently taken
of the certificate is animated by the same spirit.
But pDstponing the execution OF a sentence often
lessons greatly a sentences exemplary effect
and 1t has provoked public discomfort with the
laws delays.
We have had In this city many instances Of
the certificate OF reasonable doubt issued in
some other part of the state to stay the execu-
ton of sentence against important local Grim
inals Iummel kept out Of Jail for nearly two
years on certificate issued in Brooklyn. In
some OF the cases against police corruptionists
upstate judges issued similar certificates. \
Judge far away Buffalo likely TO be
called upon 10 keep a New York criminal out Of
jail. Frequently certificates were issued in
mere cT pGrtc proceedings No notice had To be
given TO the District Attorney. and the counsel
for the defence was free to make strong case
for Il reasonable doubt before judge totally
unfamiliar with the facts. Ease in obtaining
certificates of reasonable doubt promoted ap-
peals, for II appeal held out fair pros
pect of two years pOstponement of prison bars
it was worth making that account alone. AS
appeals are expensive, only cOnvCts of some
means can make them. that generally poor
men have not escaped Imprisonment on certif-
icate of doubt, and thus the generous issue OF
certificates has contributed TO the popular notion
that rich men can keep out of Jail Anything
that seems TO indicate the laws impotence as re
CARDS a class makes for disrespect of the law
If the law is respecter Of persons nobody Is
a respecter of the law.