Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1907-08-19
CRIMINAL JUSTICE LANDS and RENTS
some Things that MIGHT Be
REMEDIED IN COURTS.
English Criminal Procedure Seems
preferable TO Ours. Cases Dis
posed of With Greater AIaCritv
and Justice TO the Public. OrafOry
Should Not Take the Place of Law

San Francisco just now furnishes
great example OF hysteria in high places,
OF Juggling by lawyers, and of the in
adequacy OF the law. But San Francisco
does not stand alone, because every state
in the Union groans under technicalities,
and it is almost impossible to make con-
victions ''stick" if there is money for the
defense.
In these times OF fuss and feathers
among arstOcratic criminals in San
Francisco, it is well to ponder over some
OF the great defects of our criminal law
system, an antiquated heritage from
which the best portions have been
chiseIed
We have always held that the courts
OF America, especially those OF Calf ornia.
let criminals 90 too readily. In Cali
fornia in particular there is too much
trifiing with justice. Newspapers, law
yers, and the public are too tolerant.
These being the circumstances it is
well to consider what is wrong with us.
Henry B Brown, retired Justice Of the
Uuited States supreme court, recently
wrote an al ticle on the subject. 1t is as
follows, and everybody should take it to
heart:
''rhe criminal laws throughout the
United States are more and more coming
to be for the benefit Of the criminal In.
stead OF for the protection of the public.
The conviction OF the criminal by Jury
trial is really only the beginning of the
effort to prosecute him. The criminal
courts OF the country are hedged i'm with
restrictions, all of which are designed to
give the convicted man some loophole of
escape, and none Of which ia intended to
bring him to speedy punishment for his
crime.
"Undoubtedly some OF the judges are
incompetent, but the greatest trouble
probably lies in the indulgence OF techni-
calities that characterize the courts.
More thought is given to technical;ties
than to melting out justice when he is
guilty.
"The delay in bringing criminals to
justice and the escape of many who
actually ware guilty is responsible for that
lack OF confidence in the law which finds
its manifestation in lynching. Lynch
law Is the natural result of the failure Of
the courts to perform their natural iunc-
tions. 1t is deplorable fact that lynch
ings seem to be on the increase, but it is
easy to trace them to their source.
off it was assured to the public that a
criminal was sure OF conviction, lynch
ings would be few. That is, if there
always had been the confidence in the
criminal law that there ought to be, the
custom OF lynching would not have grown
to the proportions it has assumed. 1t
has gone 80 far now that 1 doubt the
possibility of eradicating this deplorabe
evil.
"One who has watched day by daythe
practical administration Of justice in an
English court can not but be struck by
the celebrity, accuracy, and disregard OF
mere technicalties with which business
is transacted. One is irresistiby inn
PEELED to ask himself why it Is that with
the reputation OF Americans for doing
everything. from the building of bridges
over the Nile or battleships for Russia
and Japan to harvesting, reaping, plow.
ing, and even making butter by machin.
cry, faster than other people, a court in
conservative old England will dispose of
half dozen jury cases in the time that
would be required here in dispatching
one.
"The cause is not far to seek. It lies
in the close confinement of counsel to the
question at issue and the prompt inter-
position of tie court to prevent delay.
The trial is conducted by men trained
for that special purpose, whose interest
it is to expedite and not to prolung them.
"No time is wasted in immaterial mat
ters. Objections to testimony are dis.
couraged, rarely argued, and almost new.
er made the subject of exception.
'The testimony is confined to the ex.
act point at issue. Mere oratory is at a
} discount. New trials are rarely granted.
"a criminal trial especially is serious
business, since in case OF verdict ol
guilty it is all up with the defendant
and nothing can save him from punish.
ment but pardon from the crown. The
result is that homicdes are infreouent
and offenders rarely escape punishment
for their crimes"
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