Evening star., 1926-09-07

STAR, WASHINGTON,
code was passed by the Dominion Par
lament, which recodified the law OF
the entire Dominion.
"In this CODE" Justice Riddell said,
| "there is given a definition of the varl-
Gus crimes, in plain language devoid
of technicality and archaism. The
distinction Of felony and misdemeanor
is abolished. Even our lawyers were
practical enough to drop distinctions
between perjury and stealing as dif-
ferent kinds of crimes"
Few Escape I'm Canada.
Canada Classics crimes as indict-
able or non-indictable. Each province
of the Dominion administers the Grim
inal law for itself, although the law
is the same in all provinces.
Every city, town and county has
it's own police force" Justice Riddell
said, "but most Of the provinces have
their provincial police, who cooperate
with each other. Occasionally there
arises puzzling mystery, but the au.
thors of a crime rarely escape arrest
in Canada"
Justice Riddell drew a picture Of
the Canadian attitude toward GRIM
inal prosecutions which contrasted
vividly with the popular attitude in
many parts of the United States.
I'VE are a poor and busy people" !"
he said, 'and have no time or money
to waste on frills and sensation. We
view a criminal prosecution as a
solemn investigation by the State to
determine whether the accused has
been guilty of a crime against 1t. It
is never a game at which the smart
est man wins and the newspapers get
lots of interesting copy"
According to Justice Riddell, trials
in general are much more speedy in
Canadian courts than they are in the
American tribunals. Whenever any
one is committed to Jail for trial by a
police magistrate or justice of the
peace the sheriff must, within "a
hours. notify the county Judge, and
the judge must cause the prisoner
to be brought before him at once.
Immediate Trial Optional.
"The prisoner receives the option
! of an immediate trial by the county
judge" Justice Riddell explained. ION
the other hand. he may choose to re-
| main in custody or under bail and be
| tried by the ordinary court of turis.
| diction. If non-jury trial is chosen
the county crown attorney prosecutes
| the case at once"
In reply to question by the
| writer, Justice Ridden said politics
| plays very small part in criminal
| prosecutions as compared to parel-
leled conditions in the United States
"The prosecutor is a member of a
| political party and Is appointed by the
party in power" Justice Riddell said.
But he Is not a political officer, takes
| no part in politics after his appoint
ment and does not go out of office
| when his party Is beaten. He repre-
! sents the crown that is to say, the
people, and his Office affords no means
for political advancement. Financially
| it is not a rich plum, and many capa-
BILE attorneys resign the Office to re-
| turn to private practice"
| According to Justice Riddell. speed
and simplicity characterize all steps
in Canadian judicial procedure as II
touches on violations Of the law. The
county crown attorney draws up a
single charge, the prisoner is ar
raigned, and If he pleads guilty the
| Judge passes sentence at once, as
| though there had been formal trial
| If he pleads not guilty the trial pro-
! ceeds at once or at an early day. A
great majority Of cases brought to
the county judges are disposed OF by
them within a few days.
"If the accused elects a jury trial.
Justice Riddell said, ."he Is remandec
to Jail to await the sitting OF the
Court Of General Sessions or Supreme
Court. The attorney general may re-
quire a trial by jury even though the
prisoner elects a speedy trial by the
| Judge alone. If there Is to be jury
trial. bail is sometimes admitted. Ir
serious cases it Is almost invariably
refused.
Trials Are Dispassionate.
1.-THE accused is tried at the next
court of competent jurisdiction II
! Jury is to be impaneled. In neither
General Sessions nor the Supreme
Court does the Office of prosecutor
bring glory to it's incumbent. the
task is humdrum and consists OF
bringing in all the evidence Whlcf
should be believed, no matter now II
may tell, and Of summing up falriS
and dispassionately to the jury:
NO lawyer acquires a reputation
hv securing convictions or loses one
by failing to do so. We look upon
criminal trial as a solemn inquiry by
the state. and any crown counsel Wht
should in the heat of advocacy en-
deavor to bring about conviction by
an appeal to the sentiment or pre1u
f7ices of the jury or by unfair com
nent on the evidence would earn the
reprobation of his fellows. if not
stern rebuke from the judge"
The crown counsel prepares an in
dictment to lay before the grand jury
lust as the district attorney does lr
New York The grand jury receives
the indictment and a list of witnesses
to be called, and is instructed to se'
whether it seems so probable that tn
accused has committed the offense
that a trial should be held. A1tel
thew bring a true bill an open inquir,
is held.
Juries Quickly Obtained.
Justice Riddell's discussion of th'
Jury situation in Canada indicated
state of affairs generally more salts
factory than Is found in American tri
bunals.
Every person interested may oh
tain a copy of the jury panel for a few
cents at a convenient time before th'
court sits" he said "A certain mum
ber of peremptory challenges is al
lowed. 4, II, or 40, according to th'
seriousness of the crime. The numbe
of challenges for cause is unlimited
but in over 40 years experience
have known only one.
"I have never known it to take hal
an hour to obtain a jury. A unani
nous verdict is required of the l:
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