Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Coming to matters of court procedure, in 1890 one State provides that
there should never be called more than six witnesses for each side in
any criminal case, which oddly reminds one of early English trials
by compurgation; but is, of course, quite unconstitutional in
this country. In 1893 Connecticut adopts a statute that honorably
discharged soldiers and sailors addicted to drink are to be "treated"
free at the State hospital. The definition of the word "treated"
seems ambiguous, but in any event it is a pleasing reminder of Bishop
Berkeley's remark that he would "rather see England free than England
sober." Some States provide for a jury of eight in criminal cases
and for a verdict of three-quarters in civil cases--a statute of
questionable constitutionality. Very generally throughout the twenty
years studied by us, the States have adopted stricter rules for the
admission of attorneys at law to practise at the bar.
In 1895 Pennsylvania yields to the physicians and passes a statute
forbidding them to disclose communications of patients, but the
statute only applies to civil cases. More States provide for verdicts
by a majority of the jury. Maryland goes Pennsylvania one better in
extending the professional privilege to newspaper reporters; that is
to say, we find a statute that they may not be compelled to disclose
their sources of information, an excellent statute for the yellow
journal. In 1897 California abolishes capital punishment; there has
been a general tendency in this direction, of recent years, although
some States, having tried the experiment, have returned to it again,
as has the Republic of France. In 1899 the privilege from testifying
is extended in one State also to trained nurses, and in others to
physicians, even in criminal cases, although they may testify with the
patient's consent. The same law was adopted in Iowa in 1900, Ohio does
away with the common law of libel, except the plaintiff can prove
actual malice. By this year, seventeen States expressly allow women
to practise law, and twenty-eight do so by implication. The Colorado
statute for a three-fourths verdict is held unconstitutional.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account