Los Angeles herald., 1910-09-11

malefactor to go unchecked. Causes
are frequently reversed on points which
were not raised in the trial court, anu
no effort is made to ascertain. before
deciding the appeal the views of the
trial judge in regard to them. such
practice is opposed to every rule OF
order and common sense. Reversals in
the great majority of cases mean a
defeat of justice. This, in turn, tends
to render the people dissatisfied with
the law and the courts.
CITIZENS DUTIES
ut is to be borne in mind always
that the administration of the
criminal law requires the participation
and aid of the citizen. With the court
he shares the duties and responsible
ties in the enforcement of the law
BY the system it is intended that the
people themselves, through the medium
of the jury box, shall perform an i'm
portant part in the enforcement of the
law. 1t would seem to necessarily fol-
low that If the people are not satisfied
with the administration of the law,
then to that extent the government
fails. The people are deemed to be
governed by their own consent. Hence
every case of a criminal escaping
merited punishment tends to render the
people discontented, and criminality to
flourish. The people should insist on
rigid enforcement of the law at the
hands of it's public servants. 1t will
be recognized that while the commits
sion of murder is a crime against the
peace and dignity of the entire state,
vet the community in which the offense
is committed naturally is more directly
concerned in having the murderer
punished, for life is made less secure
among the people in that locality.
~
state selects the judges Of the superior
court. So that in addition to the par
ticipation of the citizen in the admins
tration of the law he selects the ju-
dicial officer who is to share with him
the responsibility of enforcing the law.
The administration of justice in this
way becomes a matter of public as well
as personal concern to the citizens.
ENCOURAGE CITIZENS
"The people should be encouraged in
every way to take an active interest
in the selection of public officials, the
execution of the laws and the admin
istration of justice. The right of trial
by jury was adopted by the French
people after the French revolution. The
citizen exercised this right willingly
and faithfully. Every citizen OF this
republic ought to appreciate the honor
of being selected under solemn process
to sit on the trial of the rights of his
fellowman.
"Under our system the accused is
presumed to be innocent of the offense
charged. which presumption serves as
shield until guilt is established be-
yond a reasonable doubt. Under this
rule and the human interest which is
inherent in questions of life and lib
erty, the determination of the ques-
ton of the guilt or innocence Of a de-
fendant involves a heavy task. This
is as it should be- The responsibility
should be as great as the liberty of
the individual is dear The protection
of the innocent is the prime aim of the
criminal law, and it is the first duty
of the courts of the land to protect
the innocent. It is necessary to the
protection of the innocent that the
guilty shall be punished. The ascer-
tainrnent of guilt should be practicable.
The machinery of the law should be
SC made and adjusted that proof of
guilt may be shown in accordance with
reason and justice. When guilt is
brought home to the accused by a
court and jury it is but reasonable
for the citizen to insist that there
shall be no interference with the judg-
ment of punishment, except upon con-
siderations of the gravest character.