The true Democrat. [volume] (Bayou Sara [La.]) 1892-1928, 1914-05-02
DELAYS IN CRIMINAL TRIALS.
N. O. Times-Democrat:

N. O. Tines democrat:
Louisiana might learn lesson from
Canada in the simplifcation of her
criminal laws. Sir Charles Davidson,
chief justice of the Supreme Court of
Quebec, spoke at a dinner of lawyers
in New York recently and described
the simplification of the criminal law
of Canada since 1892, taking as its
basis the code of Sir Fitz-James Steph'
ems, the greatest jurist of his time,
which England, clniging to ancient ira
dition, had discarded.
Some radical changes were made in
it. In the Canadian code you no longer
find the phrase with malice afore-
thought" The word larceny" has
given way to the broader theft" There
are no longer felonies and misdemean-
ors. There are only two classes OF Of
lenses, "indictable offenses" and "of-
lenses" The offense is an act the end
of which is simple, summary convic-
ton. That has removed great deal
of technicality from the Canadian
courts.
Here the district attorney racks his
brain to draft an indictment, which,
bursting with a plethora of words and
phrases, will withstand the attack Of
thu. counsel for the defense. In Canada
the indictment is parsimonious of YER
biage and devoid of cavil and form. 1t
lis the despair of the special pleader.
Suppose murder had been committed
lin Montreal. The indictment would
read: "City of Montreal, March "a.
A murdered B." On that indictment
verdicts may be returned OF guilty or
acquitted of murder, manslaughter and
| the special offense of concealment OF
birth. For conspiracy the indictment
would read: "a, B and c did conspire
and agree to murder d. For false
pretenses: "a obtained by false pre-
LENSES $40 from D"
The demurrer exists in Canada, but
lit is seldom used, for the opportunity
lis rarely left open for it's use by the
lbrevity and simplicity of the indict
Iment. The result is that there is
lshort route from indictment to convic
ton or acquittal, and an effective ant
|respect-inspiring administration Of thu
terminal law is the result Valid objec
ltions to indictments are infinitesima
lin number. Technicalities are no long
Ter a refuge for the law-breaker.
Trials after conviction can not read
Iily be set aside. Irregularity in sum
moning the jury, the setting UP OF
, plea that juror was not qualified t
serve, an allegation that a. man no
named on the panel and unjustifiabl
admission of evidence, unless that ev
/, dence is materially injurious to the az
! PENDANT, are not grounds for a n
5 versal.
J, If the court decides after convictio
THAT there is ground for appeal tn
: case goes to the court of appeal. 1t
!, heard at the appeal term then sitting
: The appeal court is the court OF last r.
n sort, except if there be disagreement
e Iof the Judges. In that event, it goes
!, the Supreme Court But the Supren
e Court considers only the points upo
:, which the appeal court disagreed.
=. In short, the aspiration OF the COT
a is merely to make the indictment
d simple that it can not be attacked al
the courts have found that this col
nonsense simplifcation OF judici
Is procedure has in no way jeopardiz'
~ the rights of persons accused OF Grim
but it has gone long way to tu
away much of the cause for delay al
ID evaporation which formerly existe
tx makes miscarriages of justices few
] and works greater respect for t
law.