The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-09-01
CRIMINAL PROSECUTION
IN OUR FLORIDA COURTS

There has grown up among our peo-
pie what we may best term a gen.
eral lack of trust in the machinery of
our courts in 50 far as they provide
means to adequately enforce our GRIM
ina1 laws
Those who are in favor Of all crime
of a felonious and aggravated nature
being investigated and punished and in
favor of eliminating any unnecessary
technicalities are asking for remedy.
The writer contends that our state
constitution has amply provided, with
the aid of statutory laws, the means
and manners of enquiring into and
Furnishing violators, but makes the
adoption of the means a matter OPP
tional with the county.
The constitution of Florida makes 1t
mandatory that we shall have at least
three courts in each county. First, the
circuit court, which has general trial
jurisdiction of all offenses not trialable
by lower courts and with grand jury
as the principal means for presenting
and charging violations of the law.
Second, q justice of the peace court
with a limited jurisdiction, according
to the penalty imposed. Third. coun-
ty judges Cor probate) court, with a
Jurisdiction in criminal offenses sim
ilar to that Of justice of the peace
but over the whole county as to ter
ritory.
The above courts, as stated, are es-
tablished by the constitution. The
two last named courts have jurisdic-
ton only as committing magistrates
in all case wherein the punishment
provided is death or a term of years in
the state prison, and trial jurisdiction
in all misdemeanor cases in which the
punishment is either a term of not
over six months in the county Jail or
fine of not over five hundred dollars, or
both such fine and imprisonment, pro-
vided there Is no criminal court or
county court in the county.
OPTIONAL WITH COUNTIES.
Our constitution makes it optional
with each county whether or not 1t
may have a criminal court, by re-
Quiring that the county shall present
to the legislature a petition signed by
a majority of the registered voters OF
the county asking for the creation of
such court. This court has jurisdiction
of all offenses except capital. The JUS
tice of the peace has jurisdiction only
as a committing magistrate and cor
oner in counties having either the
criminal court or the county court, the
latter courts are created simply by an
act Of the legislature without petition
of the county and has jurisdiction of
all misdemeanors.
Having thus briefly given the juris-
diction of our several courts to punish
crime, the writer will endeavor to point
out that If the criminal laws of our
state in the individual county, are not
promptly and justly enforced, the bur-
den for the lack of such enforcement
should be placed where 1t belongs
not upon the circuit court for the cir
cult court must try every case legally
presented by the grand jury. 1t might
be we'll to divert here little and say
that the state attorney has the author
iy to prosecute by information in the
circuit court in all misdemeanor cases
without any action on part of tho
grand jury. This however is not often
done, for a reason that is obviors-the
states attorney, believing generally in
local self government, dislikes to take
up matters that have not been brought
up in the old time way from the JUS
tice of the peace court. There is where
the old system fails. It is well known
fact that it is sometimes very hard,
unless there is much enmity in the
settlement, to get neighhor to make
a sworn complaint against a neighbor