Arizona republican., 1921-01-02
The Suspended Sentence

The suspension of sentences imposed in criminal cases has become much of abuse that attention has been called the fact that this power as it has been exercised is extra judicial. It is a power which does belong the courts. 1t is an ercroachment upon the power of executives charged with the granting of pardons dparoles for the definite suspension of with certain cond- tions imposed is nothing more than a parole. court may suspend sentence temporarily for purposes and ways consistent with the due enforcement of the penal laws to facilitate action by the pardonng power and avoid miscarriages of justice but (under the Iaw) they neither possessed nor claimed the power of permanent refusal to enforce them"
 But 1t is added they have no inherent eonsdtu- tiona power mitigate those penalties by refusing infict them in individual cases"
 This matter was decided four years ago by Chief Justice White of the United States supreme court in application for a writ mandamus to compel Q federal court in Ohio aside order suspen sion in the case of embezzler of the money of a national bank who had been sentenced to the peni- tentiary for the term of five years which under the could been imposed upon him. It ordered by the that the execution the sentence be- and 1t is hereby suspended during the good behavior of the defendant for the pur- pose of this this term of this kept open for five years.'
 Denying motion by the government to set aside the order the ground that it not temporary suspension enable legal proceedihgs pending contemplated to revise it, to taken the Ohio court offered several reasons among which the court pleaded that Modern notions respecting the treatment of lawbreakers abandon the theory that the imposition of a is solely punish and the best thought considers three clements properly enter into the treatment of every crmi- nal after conviction" is interesting to note that the court considered deterrent effect the enforcement of the law last.
 We cannot follow the lengthy and comprehensive opinion of the chief justice found in Volume 242 United States reports in which it held such a suspension-the legal equivalent an absolute and permanent refusal to impose any sentence under the statute-was beyond the power of the court. The power congress fix punishment crime includes the power by probation other suitable legislation to equip the courts in advance with such latitude of discretion will enable thm vary and control the application of punishment suit the exigencies in each It also pointed out that fin weight and the decisions of state courts deny the power of suspension here in question.
 "The order of suspension being essentially uncon- sttutonal may not be sustained because it accords with practice tof long standing though intermittent and not universally indulged the highest motives by many federal judges in Ohio and elsewhere
 In this case 1t was ordered that the mandamus asked for should be temporarily withheld because of the exceptional circumstances so as to afford ample time for executive clemency or such other action might be required meet the situation And" concluding for this purpose the issue of the writ will be suspended until the end of this term unless the United States otherwise requests when it will go matter of course"
 Whatever authority under which courts in this state exercise this power should be inquired by the incoming legislature and If there is any authority, it should be withdrawn order that the pardoning power may be placed where 1t belongs