The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-11-24
CLAIMS
COURT SYSTEM
BEHIND TINES
Former Head Of Scotland
= Yard Declares Procedure
Needs to Be slmpIified.

N9GN GbtAENOt Va NUVs or
America is still living on the
remnants Of the old British sys-
TEN Of Jurisprudence brought over
before the American Revolution,
That Is one reason why many In
&tyidual American states have
more executions annually than all
t England and Wales combined, "
Sir Basil Thomson, K. c. b..
former head Of the criminal In
Hegtgation bureau Of Scotland
Yard, Britain's world famous de-
Elective service, makes this dec
larati6n. Thomson Is lawyer Of
note, too, so he Is qualified to
discuss the legal phrase. His
ability as a detective was attested
by his appointment as British d.
rector Of intelligence during the
war.
"rhe old British penal Gods
was terribly severe" continued
Sir Basil. "a man could be hang
ed for the theft of SO. Long
pr1kpn terms could be imposed on
peisons who were In debt.
7 AS the injustice Of such pen,
alhes became apparent, judges
! were wont to allow defendants to
Tlraise every possible legal qulbb!e
or'techniaclity to save themselves
BY the time the colonies brought
soTar this court system, tho pro-.
se81re was filled with many oil
these legal steps for delaying sen
tence.
Then came the reform of the
! British penal system early in the
nineteenth century. The penalties
we're made more In keeping with
Ne crimes.
Less Loopholes
with reduction OF the penal.
ties came also reduction OF the
number Of loopholes which had
been allowed to creep into the old
system. The result is that a per.
son convicted Of crime cannot
use appeals, demurrers and other
procedure to delay execution oil
sentence until public interest :n
the, case is gone and freedom car
be won on some bubble.
After conviction, the penalty
is made to fit the case. Political
pressure cannot be brought u
bear for a reduction Of sentence
Even the Home Secretary cannot
act, as the dead weight OF his bur.
eau's tradition Is against him.
d England has for years stress.
ed the sacredness of the sentence
Until even the high government
Officials would hesitate to seek
any mitigation. The general ell
fects Of the reformed criminal
code would be lost II this were al
lowed.
GAS a result Of this system. II
nighl be noted that in England
and Wales, with 45.0O0,0JO pop.
ulatlon. there are only seven en-
ecutions a'year.
america migrated the severe
penalties Of the old English code,
but kept all Of the old looph lies
allowing delays. America adopted
= indeterminate sentence, but
E&gland after studying It, decide
that 1t would be harmful to givC
to ;laymen the power of setting
aside the judgment OF the judge
and jury who heard all Of the &C.
tails Of the case"
Gun a Crime Factor
"A aDo you think promiscaJus
downing of firearms is factor in
crfme?" Sir Basil was asked.
decidedly So" was tho reply
THE pistol act In England, which
is drastically enforced, requires 4
license from police before a gun
can be purchased. The license az,
plicatton must show some real
reason for the lssuance-not jual
Me fact that the applicant is q
reputable citizen,
"There are no displays OF fire.
arms In pawnshop windows:>uun.
smiths show wcapons-but thcS
| do not sell them without license
J being produced. They would BE-
heavily fined II they did.
Remember. too, that the pc.
lice do not carry pistols in Eng.
land. The baton is their sole wca.
non. AS resistance Of arrest brings
y double or triple the pun!shmcu:
for the original crime, there IL
but little trouble in arresting pvts,
oners. This would not be the case
Il firearms were freely owned"