NCJ Number
44546
Date Published
1931
Length
56 pages
Annotation
A 1931 INVESTIGATION INTO CRIMINAL PROCEDURE IS PRESENTED; RECOMMENDATIONS FOR REORGANIZATION OF THE ADMINISTRATION OF FEDERAL LAW AND COURT PROCEDURE ARE PROVIDED.
Abstract
MATERIALS EMPLOYED FOR THE STUDY INCLUDED THE FOLLOWING: THE MODEL CODE OF CRIMINAL PROCEDURE OF THE AMERICAN LAW INSTITUTE; REPORT ON THE AMERICAN LAW INSTITUTE'S CODE OF CRIMINAL PROCEDURE AND REPORT TO THE COUNCIL BY THE COMMITTEE ON A SURVEY AND STATEMENT OF THE DIFFICULTIES IN CRIMINAL JUSTICE; SURVEYS OF CRIMINAL JUSTICE AND REPORTS OF CRIME COMMISSIONS AND SIMILAR BODIES IN DECADE PRIOR TO THE TIME OF WRITING; QUESTIONNAIRES SENT TO JUDGES AND PROSECUTORS; LITERATURE ON REFORM OF CRIMINAL PROCEDURE DURING THE PREVIOUS 30 YEARS AND ON COMPARATIVE CRIMINAL PROCEDURE IN ENGLAND, CANADA, AND AUSTRALIA; BRITISH JUDICIAL STATISTICS; REPORTS OF CRIMINAL TRIALS IN GREAT BRITAIN AND THE UNITED STATES IN THE PRECEDING 30 YEARS; AND AMERICAN LAW REPORTS. THE STUDY COVERS PETTY OFFENSES AND INFERIOR COURTS, PROCEDURAL PROTECTIONS OF THE ACCUSED, CRIMINAL PLEADING, EVIDENCE IN CRIMINAL CASES, THE CONDUCT OF TRIALS, AND REVIEW OF CONVICTION. CONCLUSIONS DRAWN FROM THE STUDY INCLUDED: THE NEED FOR CHANGE OF ATTITUDE BOTH IN THE LEGAL PROFESSION AND IN THE PUBLIC AS TO THE MODE OF CHOICE, TENURE, AND PERSONNEL OF THE BENCH (E.G., REMOVING THE ADMINISTRATION OF JUSTICE FROM POLITICS); THE NEED FOR A FULLER AND MORE GENERAL PUBLIC APPRECIATION OF THE IMPORTANCE OF THE INFERIOR CRIMINAL COURTS AND OF THE PERSONNEL, TENURE, AND MODE OF CHOICE OF MAGISTRATES AND JUDGES OF MUNICIPAL AND PETTY TRIBUNALS; THE NEED FOR A MODERN ORGANIZATION OF THE INFERIOR COURTS, WHEREVER THIS REORGANIZATION REMAINED TO BE BROUGHT ABOUT, AND COMPLETE ELIMINATION OF THE FEE SYSTEM WHEREVER IT STILL PREVAILED; THE IMPORTANCE OF GIVING POWER TO JUDGES AND MAGISTRATES COMMENSURATE WITH THEIR TASKS (E.G., NO AMOUNT OF PROCEDURAL MACHINERY WILL PRODUCE AN EFFICIENT ADMINISTRATION OF CRIMINAL JUSTICE AT THE HANDS OF INCOMPETENT, WEAK, OR POLITICS-RIDDEN JUDGES); AND THE IMPORTANCE OF LEAVING THE DETAILS OF PROCEDURE TO RULES OF COURT TO BE FRAMED, AMENDED, AND REVISED, AN EXPERIENCE DICTATES, BY THOSE WHOSE TASK IT WOULD BE TO INTERPRET AND APPLY THE RULES, WITH THE AID OF THOSE WHO WOULD WORK UNDER THEM IN THE COURTS, EITHER IN JUDICIAL COUNCILS, OR SOME OTHER MODE OF BRINGING THE EXPERIENCE OF THE BAR TO THE ASSISTANCE OF THE COURTS. PROCEDURAL DETAILS SHOULD BE GOVERNED BY RULES OF COURT, NOT BY RIGID LEGISLATION DRAWN BY ONE SET OF MEN AND INTERPRETED AND APPLIED BY ANOTHER.