The mirror. (Stillwater, Minn.) 1894-1925, 1913-11-13
ST. CRoIx

Criminal Jurisprudence; We
look for Justice; we expect it; we
demand it, but do we get it? Of
laws and procedure. let us separate
the two and speak first Of the laws.
"A Reimbursement and simplifying
of criminal law is absolutely neces-
sary before we can expect to accom-
plish anything along the line Of re-
formation of criminals.
There is too much flexibility to
our legal interpretations over q
single law. The knowledge that
this is so often, induces men to try
their hands at stretching the stretch
able-law. Some get burnt, and
some get away with it. What
we should aim to do, and then do,
is to let no man beat the law in any
part, or else to let every man beat it
to an exact like degree.
There should be no such thing as
burglary in the first, second or
third degree, ETC., but only burglary
Of one degree and with but one
penalty for the offense, whether the
offender be a minor, but over Is
years of age, or. grey-haired mas
ter of the craft.
In the conduct of trials, however,
is whore the greater disparity is to
be seen; and it is perfectly plain
that unless our proceedings in
criminal trials are not changed to
proceedings of the utmost simplicity,
all our reform laws working with
our later-day sciences in penology,
criminology and sociological branch
es will come to naught. Those
multiple cumbersome statutes posi-
lively have failed to profit us in
any way.
Aside from modifying of our
jury systems, the most important
thing in legal practice is a change
from verbose methods to the same
simplicity in the presentation Of
facts through evidence and testi-
mony. The one absolute essential to-
ward a re-establishing of that great.
est of all Observation-Disclosures, is
that of where the facts in the case
are set before the jury shorn of all
legal and confusing verbiage.
In every criminal trial, not one
iota of the usual oratorical effort
employed by both the prosecutor
and the defense, should be permit
ted. The whole proceeding should
be confined to the bare facts in the
evidence and testimony, and given
to the jury to decide the guilt or
Innocence on that basis. For the
reason that simplicity is the surest
method by which we may hope to
sustain equable justice for all, q
mock trial, or more thorough and
searching investigation should be
instituted by the grand jury before
returning a true bill, and the trial
evidence thus held to the facts in
the specific charge preferred.
Please note the emphasis / place
on the disqualification of oratory
during the progress of a trial.
Neither should character. adverse
or favorable, be permitted in any
part Of the testimony, since it is in
nocence or guilt for this specific
charge only that is or should be
sought in court of law.
An introduction of the character
of the accused has one of two effects;
the creation of Impressions in the
mind of the jury whose duty osten-
slbly, is to determine only the guilt
or innocence of the accused from
the facts adduced within the case,
or false impressions and persuasion
sown in the minds of the spectators
among whom there may, as q result,
develcpe future criminal.
To confine the action to simple
facts would be to rob the case If
sensationalism and consequent in
fluencing to morbidness the mind Of
the spectator.
| Besides, where we hold to the
plain facts within the case, there
still remains sufficient opportunity
for wide-awake counsel to except
from the courts rulings on points
of law.