The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-08-16
COURT PUNISHMENT
HERE HELD SEVERE
Canadian Lawyer Tells State
Bar Association Harsh Sen.
fences Here Defeat Law

dian and American judicial systems
He has retained his membership in
the North Dakota Bar association
since 1908.
Since coming to Canada" Mr.
Bergman said. Il have often wonder
ed whether. the severity of the SEN
fences imposed was not really'a weak
ness-perhaps the great weakness-in
the American administration of GRIM
inal law. =
Il have wondered whether these
severe sentences did not really defeat
their own purpose. I am not sur
prised that under that system public
opinion should demand that adequate
safeguards, both technical and other
wise, should be thrown around a per-
Son accused Of crime.
Il am not surprised that under that
system appellate courts insist that the
technical and other rights Of the ac-
cused be strictly observed before he is
deprived Of his liberty for IS, or 20
or 80 years. I would be all in favor
of that myself. and I would be op-
posed to the removal Of any Of these
safeguards so long as these severe
sentences prevailed. And yet I like
to think of myself as a reasonably
law-abiding citizen.
In Canada the sentences are very
moderate compared with those that
prevail in the United States. A SEN
tence to a term of three to five years
is regarded In Canada as q very Sc
we're sentence. In the case Of first Of
tenders only a very light sentence or
a suspended sentence is imposed. It
is only the hardened criminal, whose
past record shows that he has DELHI
erately embarked on q life of crime
as a means of livelihood and who is
charged with the commission Of a
serious offenSe who ever gets q severe
sentence; and, as already pointed out,
what is regarded as a sever SEN
tence in Canada would be regarded as
a comparatively light one in the Unit
ed States.
IF you turn to England, which has
a record for the successful admins
tration of criminal law, surprising
both the United States and Canada,
you will find that the sentences i'm
posed are considerably lighter than
those imposed in Canada.
Il draw your attention to these
facts as facts and leave it to you to
draw your own conclusions. I do not
pose as a ~criminologist and I realize
that my own conclusions are not of
any value. !, therefore. merely wish
to leave with you this question:
rs it not more likely to create a
feeling of greater respect for the
criminal law and its administration
when it is known that a guilty person
brought to trial is reasonably sure of
being convicted; of receiving a pun
ishment that even he must recognize
is nothing more than what is fair
under all the circumstances, and of
staying convicted and of actually
serving the moderate sentence that is
imposed, than it is to have a system
of imposing sentences that are
so sever as to lead d) to the
imposition of statutory safeguards
of a highly technical and in
flexible nature to guard against the
possibility of an improper conviction;
ca that makes juries hesitate to con-
vict except in a cooper riveted case,
and 60 that makes appellate courts
hesitate to uphold convictions when
the purely technical rights of the ac-
cused have been infringed and thus
leads to the severe, and what some
may regard as the excessive, punish
ment Of the few and the escape of
the many"
Appointment Of judges for life, Mr..
Bergman told the North Dakota
lawyers, tends to produce a more in
dependent judiciary and a more ex-
perienced judiciary than Is possible
under the system Of election by popu- |
lar vote for a short time.
In my humble opinion" he con-
tinued, "our system Of appointing
judges for life-the system that pre-
walls in the case of your federal courts
lis superior to the system of electing |
judges by popular vote for a short
term. It, of course, has its draw
backs.
II am free to confess that the rec
ord of both our leading Canadian
political parties in the matter Of ju-
dicial appointments has been rather
discreditable.
I'm the main they have been made
as rewards for party service. The
question is not approached in a nom
partisan spirit and nc serious attempt
is made to find the best available
man. So far as my personal knowl-
edge goes there is only n case on
record-there may, of course, be 9TH
ers that ! know nothing about-of a
Canadian government appointing to
the bench a mar of a different polit-
ical faith.
In spite Of the fact that in Can
ada the appointments to the bench
have been dictated very largely by
political considerations and that,
with isolated exceptions, the leaders
OF the bar have not been drafted for
on the bench, the result pro-
duced has been fairly satisfactory.
THE security OF tenure and the
that the work they were
up would be their line OF work
for the rest Of their lives has made
these men apply themselves whole-j
heartedly to their work and made
them independent Of all considera-
tons other than their oaths OF office.
Our judiciary has been singularly
free from any suggestion Of party
or corruption or outside
influence or control in any shape or
form. .
II do not for one moment suggest
that u bench is in any respect SUI
perior to your own4 I freely confess
that our system has produced judges
that we would have given almost any
thing toNget rid OF, and that our Cam
adam politicians have not shown any
discrimination in their ap-
Of judges than have your
people in the selection of their judges
BY popular vote. ii
But I do think that appoint