New-York tribune., 1905-07-03
WHERE JUSTICE FAILS.
Criminal Procedure Causes Mdny
Unnecessary Delays.

To the Editor of The Tribune
Sir: Your wise and conservative paper has had
two editorials upon the address of Secretary Taft
on the administration of the criminal law. The
general notice that this address has received from
the press of the country indicates the Importance OF
the subject Dealing with the subject OF the Grim
inal law almost daily. find that have been con-
stantIy thinking in part the things that have been
so well expressed by him. He says: Trial by
jury has thus far proved a failure in Porto Rico"
can well understand how this institution would.
fail with people of the type of Porto Ricans or of
Ftipinos. He says: THE abolition Of the jury in
civil would relieve the list of civil suits 1t
would not. L think with proper appeal deprive any
litigant of an impartial hearing" He further
"Of course. this would never be done in courts of
the United States. and perhaps never in any of
the States" This is doubt true. and as far
civil cases concerned. the course to be pursued,
at present. be this: That all civil
should as matter Of be tried by the court.
with ample appeal. unless the one or the other of
the parties gives notice that he wishes trial by
jury.
This would enable courts to dispatch business
more quickly and bring about more satisfactory
results. On the criminal side the question is very
different and of tremendous Importance to the well
fare of this country. agree with your paper that
the juries in criminal in this country should
not be abolished at least during the present time.
The morality of the jury box is about the
as the morality of the public at large. and still
have faith that the morality of the public at large
is such that if cases clearly presented and
coming to righteous verdict. The trouble is in
the procedure, and criminal procedure in this
try has become Kissing and bywOrd The
protection thrown around the defendant in the
way of absurd challenges to jurymen in the way
of exceptions to rulings upon evidence and TO the
charge of the court, in the way Of appeal, and.
worst of ALL the tendency of upper courts to order
new trials where a single mistake has been made
In the court below. have made the prosecution OF
criminals unsatisfactory. The trouble is not with
the jury. but with the procedure. New-Jersey is
celebrated for its administration OF the criminal
law 1t is just as much unsatisfactory here
In many of the other States in the Union.
In the first place, the statutes exempt from jury
duty physicians. druggists, members of the Nation
al Guard. persons over sixty-fve and others that
1 do not just recall which is a process by
which many of those competent to serve elm
mated Challenges by the defendant may be made
ZOE al sorts OF reasons and for no reason at all
Any slight material error made bV the trial Judge
IN the admission or rejection of evidence, which
suit brings about the reversal by the above.
or Tia rSIe & year & or two afterward Is sent back
have, departed The thing has become stale and
ant can have the case reviewed by taking a gem
eral exception to the charge in the court, and if
yefsed and sent back for a new trial Counsel for
way any G n qs t9e h Gese the n fh a
no appeal The court oftenttmes unconsciousy
admission or rejection Of evidence and in in his his
charge for fear Of being reversed by the court
IN homicide cases in New-Jersey even the
penses OF a review paid by the county, upon
the application of the defendant. When the Jury
mas convicted the prisoner and the writ of error
is taken out TO review the case the defendant may
be admitted to bail, except in homicide cases. and
Is al liberty until the court above afirms the con-
victions below. When the convicted one has money
enough to have the case reviewed Qn cases less
than homlcide) his chances good to escape en-
tlrely. AS Mr.. Taft says. the administration of
criminal law In Great Britain is much better than
ours There, there are appeals allowed from the
trial in the first court unless the judge presiding
shaH deem certain questions of law of sufficient
importance to be reviewed. In the United States a
similar methoo should be adopted. There should
be an appeal, and If the court above then finds
that substantial Justice has been done there
should be an affirmation Of the verdict below
There should be speedy review of all criminal
cases and every person convicted should not be ad
mitted to bail and should be in custody until his
case is disposed OF by the court above
New-York, July Q 1906