The Boise citizen. (Boise, Idaho) 1906-1910, 1909-11-26
OUR DEFECTIVE CRIMINAL LAW,

That lynch law the product Of weak defective criminal
statutes the conclusion Of Hon William Dudley Foke Of nd
80 4 an articles "rhe Trouble With Our Criminal Law a.
rno in the West Publishing Co.'S docket for November
here nation in Europe outside of and the Balkan
nua7 says Mr. Fouke summing up his Indictment at the out
6 whose criminal laws ineffective Of the United
States Of America
And the shame Of it that known facts conditions furnish
II 100 substantial basis for the charge
The chief trouble is that legal technically originality DESIGNED
) otect the has grown and multiplied in such degree as
afford every possible oophole for the escape the guilty
Fnuerating Of the principal echncaies through which
the guilty so escape Mr. Fouke calls attention to the fact
hat every link the chain of evidence prove the defendants
m beyond reasonable doubt and twelve must concur in
having doubt that while he may speak his behalf
no man accused Of crime be required furnish any evidence
cainst himself that slight irregularities the grand Jury room
which could possibly affect the merits of the are often al
lowed to delay and defeat the ends of justice ng errors
IN e admission rejection of evidence barest by the
court to undspued facts often grounds for reversal the
defendant although he may be allowed plead guilty allowed
to waive certain of his rights when trial; and finally the pro-
vision that shall be tried twice for the oense often
results lberang who mistried because appeal by the
state is forbidden in criminal cases.
There are who recall from their
ton or experience mscarrages OF justice due OF
these conditions
The remedies which Mr. Fouke proposes that there should
be provision verdict of guilt beyond reasonable doubt by three
otfs jury, after the expiration of wentyfour oryeigh
hours as wisdom might dictate that the defendant should be
as witness dexamned by both sides the easonabeness and
ness which procedure be questioned when put against
the third degree that the should be permitted
amend bill of indictment where the merits of the issue
affected thereby that the admission rejection of
should be allowed verdict if the appellate
that justice has been done; that if may plead guilty
he should be allowed waive any right trial. and finally that
the should have the right of appeal the the defendant
should be right of appeal at ALL except executive emenc
is in England
Whether of opinion will find that Mr. Foue goes
far enough be conceded that conditions
bad and he is emnently in his conclusion that
Unless protect the community well as the charged
with crime will continue have exhibitions of lynch law and
private vengeance inflicted by individuals upon those from whom they
have suffered injury The duel has been abolished but shoot
each other down the pursuance of what they call the
higher law and they very often go free This will continue and
there will be little protection for life property until the law pac
tcay the conviction of the bulk of those who have been
detected in the commission of crimes.
Respect for the law The Constitution has frequently pointed
out must the remedy for mob rule and action
only through that education which will put the law
that for the protection all above the wrongs the passion and the
vengeance of the individual. !
But in the justice and righteousness OF the law itself as well as
i'll Its and equitable administration, must beond the ground
work of that education which will lift both the individual and the
community above such sporadic and barbaric outbreak