The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-09-09
ATTORNEY GENERAL OUTLINES CHANGES
in STATE CRIMINAL CODE IN ADDRESS
BEFORE NO, OAK. BAR ASSOCIATION
Fear Of Punishment Not rothcry Love. Is the Greatest
Deterrent for Crime, II. r. lIorner Holds

were sufficient grounds to issue al
warrant Of arrest for any person a.
cuSed Of Il criminal otrcnsc, also fail
cd
Lack Of such power. except in
liquor cases where il already exists,
is Il serious defect in the states l"-
gal system, Shatcr said, and urged
the association TO recommend the
adoption Of such a measure at the
next session. It viii prevent unnc-
c"SSary arrest in many cases and at
the same time insure that justice is
done in every case, he SAID.
An apparent belief by the lcg'tla
turc that defendants in criminal
cases are entitled TO Il two to on"
advantage over the state in the mat
ter Of pcrcmptory challenges allow
cd in the selection Of a Jury result
cd in the defeat Of bill designed to
give both the state and defense an
equal number. The Attorney Gcn"r-
At attacked tn" present law as ham
pcrjng the administration Of justice
by giving the defendant an unnccca-
| sary ADVANTAGE.
Revise Law
Revision Of the law covering
criminal conspiracy, which now is
only Il misdcmcanor in North Daku-
Ia, to make it 4 felony to conspirc
was re- cci.d by inc lcglsla-
turc, Shafcr said. Nc recon-
tended that the Ear AS8cci;.-
ton support at the next session the
bill to correct that situation which
was defeated last session.
Other necessary laws, he said, are:
]. A law which will permit
tho state to pcrpctuatc the tcS-
timony Of its witnesses. AT pre-
sent if an important states wit
ness dies or disappears before
trial the state often is helpless
to prove its case.
2. That the law be amended
to encourage defendants in Grim
inal actions to take the witness
stand, but at the same time pro-
tect them from being forced to
testify as to otlenscs not rotated
TO the one for which he is on
trial.
Although defending lawyers
against the charge that they fire.
qucntly defeat the proper admin
istration of justice, pointing out
that the lawyers do not make the
law and constitute only fair
part Of the machinery for admin
istering it. Shafcr pointed out
that it is the duty OF every law
yer to aid in strengthening the
statutes so that the public may
be protected against the commits
sion Of criminal otfcnscs by in
suring proper punishment Of law
vjolatOrS.
Fargo. N. D., Sept. Pl-Surer,
swiftcr and more severe punishment
Of criminals, better home training
or children and abandonment Of the
practice Of attempting to reform
criminals by the doctrine Of love
rather than that Of fear were advo.
Gated by the North Dakota State Bar
Associations committee on law en-
| forccment in a report submitted TO
| its convention here today by II. +.
| Horncr, Fargo, committee chairman,
Although admitting that the world
war and failure to properly Amcri-
canizc immigrants may have helped
the flood of crime TO cngulf the
country. Horncr said: at is con
tended and not without merit that
we are becoming too soft-hcartcd in
the conviction and punishment OF
criminals and that the activities of
various social workers, rescue
leagues and moral upifters have
changed our jails and pcniten.iares
from places of punishment TO beds
Of ease.
Fear Rules
at is urged that love. and not
' fear. will dominate the world. but
for an immediate deterrent Of crime
there is nothing like the fear Of
| 90. ~
former governor Of Missouri, report
ton. said: 1T is my Judgment that
such as homicide, burglary, robbery
and the like. not one of every five is
adequately punished
at is said we have too many-trivial
| laws affecting human conduct. 1t is
also contcnded that lack of parental
responsibility and proper home
training produces criminals and that
| love of luxury, movies of the wrong
type, decadent literature, liquor and
] lack Of sex modesty are contributing
! to the downfall Of our youth. IL is
striking fact that statistics com
| piled in certain penitentiary in
! 1910 show the average age was 36.
| Now it is 2G. Something must be
done to slow up our youth in their
mad, unrestraincd rush for pleasure
and luxury.
| No Curc.all
"Your committee has no cure all
for this predicament. Neither does
your committee feel that we are 60
! ing to the dogs or that Anne rican
civilization will fall. We have too
much faith in the intelligence, cour-
age and stamina Of our American
citizenship to worry as to the out