Judicial System of Guatemala—Jury Trials in the Several States—Courts of Honduras—Absence of Codes in the Republic—Dilatory Justice—Impunity of Crime in Honduras and Nicaragua—Salvador's Judiciary—Dilatory Procedure—Codification of Laws in Nicaragua—Costa Rican Administration—Improved Codes—Panamá Courts—Good Codes—Punishments for Crime in the Six States—Jails and Penitentiaries—Military Service—Available Force of Each State—How Organized—Naval—Expenditures—Military Schools—Improvements.
During the Spanish rule the administration of justice in Central America was vested in the real audiencia, composed of a regente, several oidores, a fiscal, and secretary, the governor, captain-general of the provinces, being ex-officio the president. The courts of first resort were filled by alcaldes mayores.[XXXI-1]
One great step taken early in the nineteenth century was the abolition of torture of prisoners and witnesses.[XXXI-2] The córtes had previously, in September 1813, decreed the abolishment of flogging for crime, or in houses of correction, seminaries, schools, etc.[XXXI-3]
Soon after the establishment of the Central American confederation, the national constituent assembly organized a supreme court of justice for the state of Guatemala. Since the dissolution of the confederation, the judicial system of the several states has undergone many changes, which it would occupy too much space to detail here.[XXXI-4] I will therefore confine myself to the present organizations, giving such other particulars as are of general interest.
PRESENT JUDICIAL SYSTEM.
In Guatemala the administration of justice is intrusted to a supreme court, four chambers or sections of second resort in the capital, and one court of second resort in Quezaltenango.[XXXI-5] There are also courts of first resort and lower courts for the adjudication of petty civil cases, or the correction of trivial offences. The jury system was formally established by the liberal government in 1872.[XXXI-6]
The legislature, recognizing the necessity of amending the existing codes, authorized the executive to issue laws conducive thereto, which was done.[XXXI-7] The government has caused the construction of two penitentiaries, one in the city of Guatemala, and the other in Quezaltenango.[XXXI-8]
Under the late organization justice is administered with fair regularity and promptness.[XXXI-9] During Barrios' rule an efficient police was organized in the capital.
In Honduras the absence of a penal code caused delays in the prosecution of criminals, and there being no good jails or prisons, their offences often went unwhipped of justice.[XXXI-10] Hence the numerous robbers and assassins then infesting the frontiers. However, we are assured that in the well-settled portions of the country life and property were secure. Capital punishment being abolished by the constitution, the severest punishment that could be inflicted was that of 500 blows with a heavy withe of the consistency of India-rubber.[XXXI-11]
The government in 1876 and succeeding years introduced reforms in the police department. The political disturbances, which had nullified the action of the courts, being now at an end, the supreme and lower courts were at once reorganized, and permitted to exercise their functions. But the non-existence of suitable penal establishments, and the antiquated legislation, were powerful drawbacks. The minister-general was directed by the president to procure the best works on legislation, and the most noted codes on civil and criminal matters, as well as on mining, commerce, etc., with the view of placing the materials in the hands of competent persons, who were to form codes suited to the requirements of the country.[XXXI-12] Such work demands careful study, and time to accomplish it. I am not aware that it is even commenced.