Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Verdict; Sentence._--After being charged by the judge as to the law
applicable to the case, the jury retire to a room where they are kept in
close confinement until they reach a unanimous verdict. If they cannot
reach an agreement, they notify the judge, who, if satisfied that there
is no longer any possibility of an agreement, discharges them; then the
accused may be tried again before another jury. If a verdict of not
guilty is returned, the court orders the prisoner to be set free; if a
conviction is found, sentence is imposed and the punishment must be
carried out by the sheriff or some other officer. The usual punishment
is fine, imprisonment in the county jail or state penitentiary, or
death inflicted by hanging or electrocution. In a few states, notably
Maine, Michigan, Wisconsin, Rhode Island, and Kansas, punishment by
death has been abolished.
_Probation; Reformation._--Imprisonment is generally for a specified
period, though recently in a number of states the indeterminate sentence
has been provided, that is, the judge is allowed to sentence the
offender for an indefinite period, the length of which will depend upon
the behavior of the prisoner and on the promise which he may show of
leading a better life after being released. When thus released he may be
placed on probation and required to report from time to time to a
probation officer in order to show that his conduct is satisfactory. If
unsatisfactory, he may be taken up and remanded to prison. The tendency
now in all enlightened countries is to adopt a system of punishment that
will not only serve as a deterrent to crime but at the same time help to
reform the criminal and make a better citizen of him. The old idea that
the purpose of punishment was revenge or retribution has nearly
everywhere disappeared, and in place of the severities of the old
criminal code we have introduced humane and modern methods which are
probably just as effective in deterring others from wrongdoing, and
besides conduce to the reformation of many unfortunate criminals.
=References.=--BALDWIN, The American Judiciary, chs. viii, xii,
xiv, xv, xvii, xxii. BEARD, American Government and Politics, ch.
xxvi. BRYCE, The American Commonwealth (abridged edition), ch. xli.
HART, Actual Government, ch. ix. MCCLEARY, Studies in Civics, chs.
ii, vii. WILLOUGHBY, Rights and Duties of Citizenship, ch. vii.
=Illustrative Material.=--1. The legislative manual or blue book of
the state. 2. A map showing the division of the state into judicial
districts. 3. Copies of legal instruments, such as warrants of
arrest, indictments, subpoenas, summonses, etc.
RESEARCH QUESTIONS
1. What are the several grades of courts in your state? In what judicial
district or circuit do you live? Who is the judge for that district or
circuit?
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