Show UNWRITTEN LAW LAV LAWA LAVA A VALID ISSUE Salt Like Lake Criminologists Divid Divided Divided Divided ed on Its Interpretation Interpretation Interpretation tation JUDGE JUD POWERS FAVORS IT VIEWS VIEWS OF W H KING C S VA VARIAN VARIAN VARIAN RIAN AND CHIEF SHEETS Homicide is justifiable when committed in a sudden heat of 01 passion caused by the attempt of the deceased to defile the tho wife daughter sister mother or other female relative or dependent of the accused when the defilement has actually been committed The Tho state of Utah recognizes the un unwritten unwritten unwritten written law The above quotation is taken talen from article section 4 of the Penal Code of the state and an although many may attempt have been made to ap appeal appeal appeal peal it it stands today as the only written statute in any state slate of the which upholds the old Biblical doctrine which says He lie who Ills his neighbors daughter la or his neigh neighbors nel neighbors h bors wife also his life liCe in his own ViI hands hand Utah is perhaps more interested in inthe Inthe Inthe the unwritten law today than at any other time in its history Two sensa I tit tic ral cases eases involving its interpretation arc rc before beCore the public one the murder nf of Senator Brown by Anna M 11 Bradley in Washington and the other the effort to secure a pardon ardon for Charles Botha BoUrn the young German serving a life liCe son sen sent sen sent t for the killing of his wife and her hor herI 1 I In order or er to obtain some deli definite efi JUte nite expression as to 10 what the unwritten ten law really is and its H effect The Herald lias has asked several attorneys one pastor and the tho chief chit f of police to give opinions opinion concerning it H Judge Powers Views Judge O 0 AV W V Powers who has been connected with some of oC the most noted cases ases in the criminal annals of the west is of the opinion o that there are arc many many man cases in which the unwritten law lawan lawan an can be ne invoked The man who ho strikes down lOvu the adulterer is justified says Judge Pow Powers Powers ers ns Justified by a higher r law than any an that appears on the statute books Justified by b the Jaw that through all history of American jurisprudence has j any jury from ever convict convicting convicting ing lug a man under such circumstances The sanctity of oC the American home is involved in such cases and the home I must be defended at all cost Of course I I 1 can conceive of oC circumstances where it would he be wrong to invoke this so I called ailed unwritten law Jaw There are cass cases where t here liere the aft act of oC killing would not be justifiable on any an grounds but as a general rule if IC it can be he proved that the sanctity of 01 the home has been the unwritten law hw is a 3 good defense before lIe ore any an jury W T H King who has lias successfully de deft def f ft half a score of o homicides and andias andas was as a close friend of the murdered senator has a different opinion He said Raid The old lId Biblical Thou shall not kill kiU is good enough law to follow in most cases The statutes for l ld r and nr rih fot fi the 1 same and n th they should h ld be b enforced r rc d Although I can conceive of oC aggravated where a jury juo would be he justified in rendering a 3 verdict of oC acquittal in Iii a aase case ase involving the unwritten law lau I T believe bello e as m a general rule that homicide cannot be condoned on such grounds Calls It Fool Law Lawe C e C S Varian says that there is no unwritten law although juries some sometimes sometimes sometimes times recognize reco the popular acceptance of the term It is difficult to lay down my principles of unwritten law said Mr Varian For Jor my m part I T do not no believe 1 lIe a man has the right to take the Jaw law into his own hands and I see little justification ju for murder unless it be bedone bedone bedone done in c Of course I 1 can conceive of circumstances of such sueh a 3 nature when the condition of Jf a mans mind at the tim of f the crime might determine the matter The defense In such cases would be predicated upon Insanity and not upon unwritten law lawa laws a s the courts know of no such law Concerning the Utah statute quoted above Mr Nr Varian said It is a fool law Jaw I 1 tried to secure its repeal several times but without success Read it and you ou will see that alt all that it is necessary necessary essary to prove is that the murdered man attempted or committed a crime against the family f mil and that the Hie accused was very angry when he murdered him I dont believe hell eve in such ruch sucha rucha a n la law Cant Justify Murder Rev Rcy P A SImpkin in discussing the unwritten law said The too common stories the tho wires vires are daily dally bringing us or of the tragedies growing STOwing out of the lusts of men and women furnish Curnish not merely m rely food for thought bought but suggest a question a as to the rectitude of the un unwritten unwritten written ritten law There is a good deal to tobe tobe tobe be said for it The crime that it is used to avenge avene is IR one that touches lifes most sacred things A man may ma well veli ell think twice before beCore uttering opinion I Under certain circumstances it requires a tremendous amount of to refrain from violence that thal ends in murder It is however In its last ro re resort sort not to be justified for it ills is murder and murder cannot be ever everIt everIt It is in a different and way that this matter should be adjust adjusted ed When daughters are properly proper guarded and wives are arc duly loved loed oc occasions occasions occasions wi wit be few for the exercise of oC the unwritten law The penalties for such crimes should be far heavier than they are arc in all an our states and a fit penalty would remove in many cases cast s the temptation to slay which fathers so many tragedies Sheets Condemns It Murder under any an circumstances in my nw opinion is never justified said a George A Sheets chief of police There arc are many cases in which the so 50 called unwritten law is supposed to apply appl and where murder is said to be he justifiable For instance I have beard heard I of but few cases where a father was convicted for murdering the seducer of his daughter or where a husband was found guilty guilt of murder for killing the theman theman theman man who sought rought to break up his Ills home Nevertheless I still contend that such murders rs arc are not justifiable under I any law written or unwritten If they thoy were it would give unchecked license to almOst alm st any anyone one who designed murder to escape under the cloak of the un unwritten unwritten written n law Jaw The Tho law recognizes as of offenses offenses lenses the crimes for which the mur murders murders murders ders are sometimes considered justifiable justifiable justifiable able by the sympathetic public and it itis ItIs ItIs is the duty of the father or the hus bus husband husband band not to take the law into his own hands and mete out the punishment his anger suggests but to let the law take its course and deal with the seducer and defiler of the home as provided on the statute books bool |