Evening Republican, Volume 59, Number 125, Rensselaer, Jasper County, 12 June 1917 — Why Anglo-Saxon Countries, Other Than America, Have Fewest Felons [ARTICLE]

Why Anglo-Saxon Countries, Other Than America, Have Fewest Felons

By H. A. FORSTER

of New Y«k

Among the enlightened nations the United States leads the world in manumitting murderers and enlarging felons, while Anglo-Saxon countries not under the American flag have the least percentage of murderers and felons. This extraordinary and deplorable phenomenon is not due to obscure causes. If Americans wish to remove this reproach, they have only to study the criminal procedure of Anglo-Saxon countries. The vital features in which the English, Australian and Canadian criminal procedure differs from that of the majority of American criminal courts are the following: The British, Scottish, Canadian, Australian, South African or Indian trial judge is a strong judge, not a mere moderator. He gives the jury the benefit of his experience and skill by advising them in difficult cases respecting the weight and effect of the evidence, what he believes the evidence has shown, but he also informs the jury that they are the sole judges of the facts, and are at liberty to disregard his advice. The distinctive features of Anglo-Saxon jury trials is a strong and experienced trial judge aiding and advising the jury, but leaving the ultimate decision of all disputed questidns of fact to the jury, instead of acting as a weak and opinionless moderator, as the trial judge must do in three-fourths of our. states. In Canada the judge may try most criminal cases without a jury where a jury is waived by defendant. No.trial by newspaper, no publicity bureau work is allowed while any action, whether criminal or civil, is pending; only a true and fart report of evidence and court proceedings is allowed to be published penden e lite* sweatbox and third-degree are unknown alike among the. police and public prosecutors. Trial by newspaper and publicity bureau work pendente lite are suppressed by vigorous enforcement of the common-law practice in relation to contempt of court.