The Natchitoches enterprise., 1915-07-08
The Laws Delays and Legal
Technicalities.

launches forth on the delays ant
the technicalities of the law, ant
he attributes the admittedly ineffi
cient admtnistrati1n Of the crimi
nal law TO those twin evils.
One OF the latest Offenders o
this kind is the News-Star o
Monroe. A late issue of tina
paper, discussing the ease will
which the average man charged
with crime escapes punishment
| lit neglects to say that in cases o.
felony the escape is always due tt
the verdict of an intelligent! Jury
says:
''But the two bulwarks of the
guilty man are technicalities ano
self-defense.
These near cuts to freedom are
outrageously overworked, and il
should be the duty of all delegates
who participate in the proposed
constitutional convention, TO unite
and devote their combined forces
to writing an article which would
make it difficult for a man to es-
cape the penalty of his wrong
doing by invoking the aid of
technicalities."
Does our very able contem-
porary not know that the framing
of constitution which will insure
the prompt punishment of crimi-
pnals-as far as constitution can
secure such a resuIt-will naturally
be the desire and purpose of at
least IS per cent of the delegates
to the convention, as it has been
the desire and purpose of constitu-
ton makers and legislators eyer
since the organization of our pre-
sent system of government?
The bill of rights of the present
constitution comprises Is articles,
most of which prescribe certain
technical rules of procedure in
regard to the administration of
the criminal laws.
They ordain, among other
things, that:
mo person shall be deprived of
life, liberty or property, except
by due process of law"
They guarantee any accused
person the right of a speedy pub
ic trial by an impartial jury in
he parish where the offense is
committed; the right to be con-
tronted by the witnesses against
lim; compulsory process to secure
witnesses in his favor; that he
'hall not be twice put IN jeopody
If life or liberty for the same
,ffense; that be shall be informed
If the nature of the accusation
against him; that he shall not be |
to give evidence against
himself in a criminal case; that ex-
,essiye bail shall not be required,
Tor excessive fines imposed, nor
;ruel and unusual punishment be
inflicted.
1t is safe to say that there is
seldom a criminal case tried in |
which one or more of the above
technicalities are not
INVOKED. Indeed they are the
source of nearly all of the techni-
;alities about which the public has
leard so much.
Will the New-Star point out
which of them ought to be omitted |
rom the new constitution
They all tend to delay the exc
ution of the law, and to make its
administration more difficult and
'urdensome.
But they are the price which we
ay for a government by law in
tead of a government by men.
The News-Star is one OF the
blest and most influential papers
4 the State. 1t is not alone il it's
'holesale denunciations of techni-
alities of the law. 1t simply
oices what appears to be the
eneral view of the layman--and ,
I some lawyers too, who join in
lie popular cry.
If the papers were aSpersistent /
urging d higher reverence for I
lie law and stronger purpose to i
lforce it on the part of the pub
E, they woulddo much more
bod.