Putnam patriot., 1927-01-28
NEED NO BAumEs LAWS

yr,E introduction n Massachusetts of proposed legislation
 similar To the Baues laws York State leads one 70 wonder if such attempted legislation to become "despfeaa We have confidence judges and certainly hope VI" not reach this of appears to be an encroach en legislative branch of government on province 't the judicial branch taking their discretion also seems to upon the integrity of the Judciay From ue mmemoa has been the province Of the judge to deciae within certain limitations except in homicide cases what pun isbneut shall be meed criminal the judge as well as the jury having facts the as related by wit neaas and the ur4 having returned verdict of guilty The Baumes laws this discretion the case Of fourth of euders and make mandatory the judge 10 impose sen fenee of imprisonment life In hs if fails o make any dis- tineon between fourth offender and confirmed criminal
 In theory ures are assumed to be familiar with that par of the law relating penalties under which an indictment r complauf is brought other phases Of the law ex- paiaea To the ery he judge and heF instructed to re der ther apaH the facts applied 10 the " gwen them by he court The mentions and counsel are not permitted te the possible punishment provided ae statute under which hes The Jury having convicted the dez 4endaH the H discretion a imposing sentence
 The practical working The Baumgs laws abrogating hfs discretion has mol been altogether satisfactory In recent case in Sew York Cs udge refused ta sentence pekp9eke1 fourth life mprsonmeHf believing such sentence loo severe and anarraHed the facts and circumstances in the An appeal taken and higher court upheld the law ruling that such sentence mandatory and must be im posed Thereupon the iay brought verdict ot guilty bat coupled with finding that the defendant vas mol the same eealer thrice before been convicted This was ab bui the jury found it as faa 1t became
 of he record and the purpose ol The iaw was defeated
 H more recent New York City counsel for the state he defendant acting upon the assumption that the pen alt of thc law a applied fourth offenders known to the aleslr uontd jury service agreed that each prospect i've juror aala asked if knowing haf conviction meant certain Imprisonment. inc would be influenced thereby 4 rendering s vzraa Eighteen thc talczueH tar terms made known Chat the1 Waad under those conditions wbae others stated tha hes would convict If the evidence them ha lht defendant "az confirmed criminal aFmea. summaHsed for serFee look into consideration fae that apparently escaped the legislators defendant charged with fourth offence Was mol of nece sity d confirmed criminal
 The offence in th ease was a minor The accused charged breaking empty New York hotel with intent 10 The elements of technical burglary and if convicted the accused must be sentenced to pr on for the rest his doubtful If jury, under and knowing the penalty would convict would defeat the law ii they took the absurd ury and found the accused to be different person, the law would also be cireumvented
 It would appear that the Baumes and of fensive Too penalties will lead Co fewer con The aVowed purpose the Baumes laws is deter crime the criticism having been made that judges prone Those making such criticism not in position criticize negeny they not with the They know the nature of the crime alleged and they of the imposed after conviction On this alone opinion formed II may happen that there extenuatng circumstances Of these the critics sell hear
 believe that judges superior Connecticut certainly such that they still be entrusted with wide discretion imposing penalties determining the degree of punishment upon the circumstances Of each nded appear that tying the hands of the judges of imposing approaching the solution of prevention If the several states t that proper judges appointed that prosecuting from lawyers of sound judgment and integrity Baumes laws needed Certainly the judiciary of the State of Connec may depended upon sound judicial discretion and imposing sentence criminals and do need be guided eNacnes by the General Assembly
 lSincc the above written bill has been presented the General Assembly providing that fourth offenders may be sentenced life imprisonment but leaving the matter of this maximum penalty the discretion of the While this drastic legislation than the Baumes laws believe that it
 unnecessary The present of thirty for habit satisfactorily.