Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1962-01-16
Circuit Court Proceedings
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vided wide area of discretion to the Court in the
matter of rape AS matter OF fact it is almost
lucicrous-18 months to death in the gas chambers.
That indeed is wide discretion that the Court has.
The legislature, the Court believes did this knowing
that the Court must consider each individual case, and
the fact of each Individual case.
There have been rape cases before me in this
Court where probation has been granted no mprson-
ment at all. There have been rape cases where this
Court would not give more than the thought that
should be given in anything of that magnitude to inn
pose the death sentence.
TN considering sentencing the Court has looked
to other authorities than those of this Court and has
used as have for use, the Guides for Senten-
cling, which is book put out by the Advisory Council
of Judges of the National Probation and Parole Asso
citation. Judges well known throughout the United
States who have given their ideas and thoughts on
what to do. In this modern day and age, of course
the purpose of punishment is to deter others from
committing the crime and secondly, the rehalib-
tation, If possible, of the offender.
In this little booklet there have been studies by
various professors of well known universities. One by
Professor Sen of the University of Pennsylvania in
which he notes that eff the death penalty is deter
rent its greatest effect should be shown through
executions that well pubiczed" and in making his
studies he showed five executions which have received
notoriety and occurred over period of five years.
ION the assumption that deterrence should manifest
itself by decline or at least temporary drop in
homicides tables were prepared showing the number
of homicides committed during the sixty-day period
Immediately following each of those executions,
compared with the sixtyday period Immediately pre-
ceding It was found that there were total OF
81 hocides in the before execution periods and Ills
In the after periods
"As a result of perlsal of this book, and in con-
sideration of the facts that is said that the great
lesson Of chronological history is that severity Of pun
ishment Is not adequate deterrent
1.-THE Court has here considered the nature of
the crme the rape in the night time the terror that
the victim must hive felt when she her assailant,
the nature of the assault The fact that the defendant
had gun in his hand The fact that the victim stated
the stand that she prayed for him. The fact that
she brutally beaten The fact of the defendants
youth The fact of his previous record; there being
none except juvenile record which involved burglary
and purse snatching.
"The Court is reviewing all these facts because,
you doubt know the court reporter Is recording
them And this is for the purpose of information and
knowledge of those persons who will be interested
Carl M. Estep, stand up. Do you have any rea-
to assign why the Court should not now proceed
to sentence you in Criminal 4407 in which you have
been found guilty?
''Mr. Estep: No, Your Honor.
Judge Shook: Is there anything you desire to
say? Now is the time for you to say it.
'Mr. Estep: Well, I-but-only the sentence.
wish prejudice does not enter into the mind Because
I know Montgomery County is prejudced County.
Therefore, it is about all have to say.
Judge Shook: You have said all you want to say?
MIR. Estep: Yes, Your Honor, believe have
Judge Shook: Because now you are going to
have to listen.
In the first place, man such as you who finds
himself in such position with nothing to grasp, you
admitted on the stand the crime you committed
against woman who had done nothing to you what
soever, you have no excuse.
we have our very fine police force to thank for
of the Metropolitan Police Force of the District Of
Columbia, and they are to be commended and the
people of this County feel safe because of them But
for you to stand there and say that Montgomery
County is a prejudiced County simply shows your
ignorance and your lack of thought The color of your
skin means nothing to me whatsoever; nothing. God
made you that way and you are in His sight, look
the same as I, or redman or chinaman looks The
Court only considers the crime you committed in
imposing sentence. Not your race And don't think
that any member of your who has intelligence,
and who has taken advantage of the opportunity to