Report and Opinion of the Attorney General on the Subject of the Expenses of Criminal Justice: Made to the Senate, Under an Order Passed on the 15th January, 1839
publisher not identified, 1839 - Criminal justice, Administration of - 52 pages
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accused party allowed to witnesses amount ances paid annual appear audit Balance received Balances paid Berkshire bill of costs burthen causes charged civil business common law common pleas Commonwealth of Massachusetts costs of court costs taxed County Attorney County of Suffolk county treasurer’s accounts county treasurers court of common courts of record crime criminal business criminal department criminal justice criminal law doubt Excess for 1838 Expense of Jails expenses of criminal Honorable Senate house of correction imposed increase Jails and Houses judicial proceedings jurisdiction jurors jury jury trial Legislature Massachusetts by County monwealth municipal court operation Payments penalties police courts positive law present prisoners in Jail prosecuting officers provision Receipts received July received March recognised Revised Statutes salary second trial statute of 1832 submit supreme court term thousand dollars tion travel and attendance trial by jury urers
Page 30 - IT is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit.
Page 42 - ... this, the provision of the 26th section cannot be, in all instances fully accomplished. The 27th section of the 143d chapter of the Revised Statutes expressly provides that no allowance from the county treasury shall be made to any keeper or master [of a jail or house of correction] for the support of any prisoner committed to such jail or house of correction by virtue of the provisions contained in the 5th and 6th sections [of said chapter] when such prisoner shall be of sufficient ability to...
Page 37 - By the 26th section, all fines imposed are appropriated to the county, whether the case be prosecuted before a justice of the peace or in a court of record.
Page 41 - ... crime or character of the offender. Convicts are sometimes sent to the house of correction for three years, and to the state prison for one, and are often found to be the same persons alternating from one place to the other, and spending a great part of their lives in each establishment, by turns. When it is understood that there are other places in which persons may be confined, " whose health is feebie, and who lack the capacity to labor...
Page 30 - ... become generally known, it has very much increased. I would therefore respectfully add, in further answer to the question proposed to me, that the claim of right by an accused person to a second trial by jury, as now recognised, is one of the causes of the increase of criminal expense, and may be modified greatly to the advantage of public justice, without impairing the protection of individual rights.
Page 12 - October term, . $1036 25 Fines and costs allowed by Mun. Court, 6 months, . 457 96 Do. do. Police do. 6 months, . 300 83 Fees allowed to witnesses by Mun. Court, from June to December, 1822, inclusive, and which have not been called for, ..... 239 50 Do. do. by Supreme Court, do. . . . 4 00 Licenses to 602 Victuallers, .... 2391 84 Forfeited recognizances. ..... 851 85 5282 33 Balance received March, 1826, ..... $453 74 S3733 67 453 74 SENATE— No.
Page 5 - Treasurer's official statement, published since that report was prepared, makes the exact aggregate to be $68,680 75. But as a sum of $485 00 which was claimed within the year is suspended for further consideration, and another of $1052 was allowed and a warrant issued for its payment, but is not included in the statement because the money due upon the warrant had not then been called for, it is found, that the charges presented during the year rather exceed the sum at which they were estimated.
Page 3 - President of the Senate. SIR: In obedience to the order of the...
Page 26 - ... only a separation of the times at which each shall be considered. The arrangement made in this particular at Worcester, is an example of what may be done through the state, with such variations, and substitution of districts for counties, as on mature examination would be found generally acceptable.
Page 26 - The union of civil and criminal business in the same tribunal at the same term, creates this inconvenience. It prevents such calculations as might be favorable to despatch in either department, and is equally troublesome to both. Although in some counties this inconvenience is much more severely felt than in others...