Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-03-29

Vigorous protest Is being voiced By judges. attOr-
neys and the public in general over the abuse Or mis-
application Of the suspended sentence law throughout
Texas. and Il Is very apparent that unless this abuse
IA eliminated the next session Of the legislature will be
asked to amend or abolish a law which was originally
designed to render a very valuable service.
The object Of the law is to protect youth. 70 give
the person who has led an exemplary life an oppor-
tunity to make good" The spectacle Of hardened
criminals. who have escaped conviction upon felony
charges by a very narrow margin. appealing for clem-
encr under the provisions Of the suspended sentence
law. a nauseating. They often plead guilty 20 the
crime. with the full knowledge that the state could
establish their guilt beyond reasonable doubt, and then
endeavor to work upon the sympathies Of the jury and
secure q suspended sentence verdict.
when a defendant pleads guilty and receives . sus-
pended sentence, he is not required to pay the penalty
for his crime unless he should be convicted Of another
crime. In other words, to secure a suspended sentence
the defendant must plead guilty, admitting he has vio-
lated the laws Of the land. and il a suspended sentence
verdict is returned he Is turned loose upon society,
often unrepentant. aad with contempt for laws which
do not punish.
The Cameron county grand jury will this week be
called upon to return an indictment against a youth
who q few months ago was given a suspended sentence
in Hidalgo county. lie is charged with burglarizing
stores in Cameron county, frankly admitted his guilt
in the preliminary hearing. and is probably Of the
opinion that having escaped punishment for one crime
the law will be inclised to, be lenient again.
Criminal court j1dges have estimated that the sus-
pended sentence law has added to the work Of the court
from 80 to 90 per cent. Il has become a regular custom
for all defendants who have been 50 fortunate as to
escape previous conviction and who are aware that the
evidence against them is damning, to throw themselves
upon the mercy Of the jury and through the suspended
sentence law seek to escape punishment for their
crimes. This is especially true in connection with
liquor cases. and scores OF Texas bootleggers are today
plying their srade because some jury deemed the Dean
law too drastic and gave them a suspended sentence
instead Of enc year in the penitentiary, the minimum
prescribed BY the state law.
Throughout Texas there is q growing sentiment tina.
The abuse Of the suspended sentence law is creating
among the law-abiding element a feeling Of insecurity
IS regards the justice meted out in the criminal courts;
and among the criminal elements is creating a con-
tempt for law. The court records show that scores Of
hardened criminals have been released to prey upon
society; that the work Of the courts has been in
creased, and that the abuse Of the law has reached the
point where practically every criminal who has been
50 fortunate IS to escape conviction upon q felony
charge tries through every possible art to work upon
the sympathies Of the jury when he falls into the tolls
OF the law.
There are times when the suspended sentence law
should be invoked; but the law was never intended for
the protection OF criminals. 1t should re 50 amended
that when an application is filed, the state would be
empowered y present 70 tine jury the whole lie history
Of the defendant, setting forth his character and fore.
ing the defendant to prove that he is not criminalIy in
clined and is therefore eligible to clemency.
The fact that a defendant pleads guilty to q felony
is generally evidence that he Is criminally inclined,
and the fact that he has not previously been convicted
in no way ~mitigates the seriousness Of his crime ar
lessons the penalty he should pay. It is true that occa-
nionally the suspended sentence law may Be applied
without doing an injustice to society. but the whole
sale suspension Of sentences in the Texas courts can
not be justified.