Evening capital news. (Boise, Idaho) 1901-1927, 1916-02-22
ADDRESS GIVEN BY
COUNTY ATTORNEY
Raymond L. Givens Speaks
to the Council of Women
Voters.

Raymond L. Givens, county attor-
ney, gave an able presentation OF the
duties of the county attorney last ev-
ening at the Council of Women Voters,
laying special emphasis upon the dis
cretionarv powers which are vested IN
that office.
Mr.. Owens began the talk by show
ing the tendency of the la VITO do for
the criminal rather than for vengeance
and illustrated with the indeterminate
sentence statutes now passed and the
Juvenile court enactments. The pro-
scouting attorney is given sole Jurls-
diction in criminal cases and the law
provides that the dismissal of case
may be had upon it's own motion or by
action of the prosecuting attorney in
the furtherance of justice. Mr.. Givens
explained that no reasons were stated
in the statutes as to the reasons for
dismissal so that 1t was left to the in
depreciation of what was the further
ance of justice.
He pointed out that the people are
the rulers but that they delegate their
power for the time being to an officer
for performance. The tendency is
more and more for the people to have
more say in tn" carrying out of the
statutes as shown in the recall and
referendum movements This he
termed as good if it makes an officer
do his duty more faithfully but other
wise it becomes a hammer held over
his head.
Obiects in Prosecution.
Bv prosecution there are two objects
in view, he stated further, the protec-
ton of the public and the benefit to be
conferred upon the transgressor. With
these two main objects must be con-
sidered the expense which is laid upon
the state in the trial and whether or
not a conviction may be secured. There
NAV often be evidence sufficient for q
technical conviction but not sufficient
for leading a jury TO pronounce guilt.
When no conviction can be had it is
bad for the community to have had the
prosecution because of the sentiment
of laxity which is spread and the idea
which is conveyed to the criminal class
that it is not dangerous to break the
law.
Mr.. Givens plead for a wide 1iscre-
ney, both because the action may mean
the ruin or saving of an individual and
may cost the state much and avail lit
tie The police from the nature OF
their office must run down crime anc
eliminate il so far as possible. Hence
when an offender is caught they are
DESTROYS of seeing him suffer the full
consequences of the law. The law
l.. ;g 70 10 q
vocate and il is not true that the onl!
course which he has is to secure a con
viction. The people as a whole do no
have the time nor the opportunity 70
looking into the matter hence thei
representative should be given tn
privilege of discretion in handling tn
case.
The past year crime has decrease
in this county which Mr.. Givens at
tributed to the fact Of the prohibition
law. which took out Of the city man
who had formerly engaged in bushes
and many who had no business, Grim
flourishes among the more densel
populated districts, and this count
does not have its former population
In the actual withdrawal of the llquo
which is the cause of much crim
there has been a still greater decreas
in crime as shown in the calendar {
the county Office In January ther
was not a new case filed in the cour
nor thus far in February.
At the close of TIE talk there was
general discussion OF the question.
-
Judge Carl Davis and jury of eigt
men continued to work today on II
ease of w J Baird versus w H. Gil
bard. which opened for trial yesterda
The case is one in which $4,000 is il
VolVed in a real estate transactio
The attorneys state the case will |
finished tomorrow.