The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-09-15
CRIMINAL PROSECUTIONS
IN OUR FLORIDA COURTS
Second series.)
By Chas. O. Andrews

camps on Tuesday-the total cost Is
$3.50. If, however, the accused de-
sires trial the case Is by agreement
set for day certain in the next en-
suing term, and the sheriff is instruct
ed by the solicitor to summons only
those the solicitor knows can give d.
rect evidence, or rather legal evidence.
The case Is tried on the day set-ths
witnesses draw pay for one day. The
trial costs amounts to $3.50 IN addi-
ton to the $3.50 given above.
EXCESSIVE FEES CHARGED.
The criminal courts. and circuit
courts, of some of our counties have
been criticised for alleged excessive
and unnecessary fees to their officers.
It win be found upon due investigation
of the records of our criminal courts
that the major part of the costs are
brought about by unnecessary prelim-
mary Investigations before the case Is
ever docketed by the criminal court
For instance. where there is criminal
court 1t Is not necessary for the sheriff
or constable to take an offender before
a committing magistrate. for it doubles
the costs, in fact usually more than
does SO, because there might be and
is a strong temptation to bind over the
witnesses for the fee. The county So
licitor has original jurisdiction to en-
quire into and prosecute every crimi-
nal offense in his county except capt.
tai, and he can make no charge for his
preliminary Investigations for fling an
information. The excessive fee system
seems to prevail in some Of our cities,
for it is found by comparison of costs
bills in some counties with those of
others there is a noticeable difference,
but in nine cases out of ten where
there is big cost attached it is for
matters OF procedure before reaching
the criminal court.
The criminal court fees are in fact
small, except possibly the sherifrs. The
writer finds that the average clerk
costs in the average case is less than
two dollars. The solicitor receives but
two dollars per day, including FIVE dol
lars for conviction of misdemeanors
and ten dollars for felonies. 1t would
be loss of time for him to file infor-
nations or acts not justified by law
and il our statutes make acts criminal
that should not be it is not the fault
of the person who is sworn to prose-
cute all violators.
SHOULD DEAL PROMPTLY.
Our Florida courts should be able
to deal justly and promptly with our
offenders, seventy-five per cent Of
whom have committed offenses in
other states. In fact other states are
furnishing most of our worst class of
criminals in the past few years, and 1t
is thought because they do not fear our
common law court procedures.
A criminal may not object to lying
up in our county jails for six months
waiting for the court to convene, for
he gets better food and better bed than
he is use to, with magazines to read
during the week days and often a
church choir to serenade him on Sun
day afternoons.
Out of 442 felony cases committed
to the state prison of Florida during
the year 1909, only 1876 were natives
of this state, Georgia alone, furnished
108 of the number committed. Out of
438 committed to prison during the
year 1910, only 1877 were natives of
this state, Georgia furnishing 101 of the
that over So per cent of our worst
from other states and countries.
There are but eight counties in
Florida that can reasonably offer to an
accused person the eleventh guarantee
of the bill of rights in our constitution,
which provides as follows: in all
criminal prosecutions the accused shall
have the right to free and public
trial in the county where the
crime is committed to demand
the nature and cause Of the accusation
against him. We find men IN some
of our county jails for months, waiting
to know the nature Of their offense and
desiring that the case should be set
tied, and in many cases he would plead
guilty If he had the chance in order to
be serving a sentence that he is rea-
sonably sure will follow. So much de-
lay of this nature was brought to the
attention of the legislature of 1903 that
a law was enacted allowing prisoners
awaiting trial at their request to be
worked on the roads.
The county criminal court, when
conducted In a business like way will
afford our constitutional guarantee and
needs no tax levy to support it. The
writer knows of county in this state
that had always levied a millage for
the support of criminal prosecution
(fine and forfeiture fund.- and two
years after the criminal court of the
county was established the county
commissioners were notified that they
need not levy any mil1age as the court
had not only made money but had a
surplus of ten thousand dollars that
might be used for some other purpose
where 1t was needed. The court was
expensive to the man that violated the
law.
All counties in the state should have
either county court or criminal
court, especially those Of over ten
thousand inhabitants. 1t is the very
best solution for the fncompetency so
often noted in the lower courts Of
cc,rnn ifrraar,f then there would ha no