Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-11-21
IMPORTANT BILL
TO LEGISLATURE
WILL BE INTRODUCED AT THE
COMING SESSION TO COVER
CRIMINAL CASES IN THE JUS.
TICE AND DISTRICT COURTS.

boise, NOV. 21.-PrObably one OF
the most important bills that will
be introduced at the coming session
of the legislature will cover the tri-
al Of criminal cases in the justice
and district courts. A bill of this
character is Of considerable interest
to attorneys and 1t Is being cham
pioned by a well-known member of
the Boise legal fraternity, Charles
Fl, Edwards. This gentleman, when
seen declared that 1t Is his inten-
ton to have bill Of this character
drawn up and introduced by a men,
Der Of the house. as he believes that
remedy is needed to safeguard the
courts and not only to relieve the
judge from responsibility but to-
throw the same on the shoulders OF
the members of the juries drawn.
Under the present status of Ida
no. the defendant, when tried In a
justice court on a criminal charge,
Las the privilege Of asking for
jury trial, But all do not take advan-
tage of the provision, preferring to
rely on the decision OF the court.
The justice is therefore faced with.
grave responsibility, and must re-
ly on his own knowledge Of the law
as well as SENSE of justice.
The proposed bill would do away
with the justics decision entirely.
Every criminal case would he tried
by jury, generally in a. justice
court, composed Of six men, and in
the district court of IL men, The
bill will further provide that the in
structions of the coart must be de-
Iivered to the jury prior to the time
that the attorneys for both plaintiff
and defendant make their f1naE ar
gument. Under the provisions of the
statutes at the present time, the in
structions Of the court are given. to
the jury after the attorneys have
summed up the evidence and made
their respective appeals to the jury.
Ely the bill the reverse would there
Gore be the case. The reason for \
change would be to keep the attor-
rays within bounds of the instruc-
tons and the Jury WIFI therefore
Judge the evidence and the sum.
innings up accordingly In many GRIM
iral actions now tried under the
statutes the instructions Of the court
are contrary to the appeals of the
attorneys and the jury therefore fol-
lows the courts instructions and
practically throws out the argument
| Of the attorneys. Under the provis-
ions Of the proposed bill the giving
| OF the eourt's instructions first will
| prevent the attorneys from wander
ing away from the provisions of the
court. The court is also in a posi-
! ton to keep the attorneys within
che bounds Of it's ihstruct TONS
| The proposed bin by providing for
rhe jury trial in all criminal cases
would relieve the court of the duty
Of passing Judgment alone. The
/ jury is usually composed of we'll
known and responsible business
men. AS body they preside over
the case they are summoned for, the
evidence in which they are general
ly ignorant Of. They therefore have
II free hand to discharge the duty OF
passing sentence under the instruc-
tfons Of the court and after doing
SO they are relieved OF All RESPONSE
bilfty and the result is generally taxi
en- by the people as a whole as sat.
fsfactory, while in many cases where
the Judge alone passes sentence more
or less dissatisfaction, many people
believing that the court was pre-
. judiced.-Boise Capital News.