Daily capital journal. (Salem, Oregon) 1903-1919, 1905-07-20
CRIMINAL
PROCEDURE


A New Jersey judge makes the fol.
lowing comments on Judge Taft
speech concerning the jury system in
this country. He says:
"I agree with your paper that the
juries in criminal cases in this coun-
try should not be abolished, at least
during the present time. The morality
Of the jury box is about the same as
the morality Of the public at large,
and we still have faith that the moral
ity of the public at large is such that
IL cases are clearly presented and
properly tried that there is no trouble
about the jury coming to a righteous
verdict. The trouble is in the proce-
dure, and criminal procedure in this
country has become kissing and by.
word. The protection thrown around
the defendant in the way of absurd
challenges to jurymen, in the way of
exceptions 10 rulings upon evidence and
, to the charge Of the court, in the way
of appeal, and, worst Of all, the ten.
dency Of upper courts to order new
trials where single mistake has
been made in the court below, have
made the prosecution Of criminals I'M
satisfactory. The trouble is not with
the jury, but with the procedure. New
Jersey is celebrated for its admins.
tration of the criminal law. II is just
as much unsatisfactory here as in
many of the other states Of the union.
"In' the first place, the statutes ex.
empt from jury duty physicians, drug
gists, members Of the national guard,
persons over 60 and others that / do
not just now recall, which is a pro-
cess by which many Of those compe.
tent to serve are eliminated. Chal.
lenges by the defendant may be made
for all sorts of reasons and for no rea.
son at ala further process of elimi.
nation of the best men. Any slight
material error made by the trial Judge
in the admission or rejection Of evil
dence, which nine times out of ten
has no influence upon the result, brings
about the reversal by the court above.
The case a year or two afterward is
sent back for trial, when the witness
es are either dead or have departed
The thing has become stale and con-
viction impossible. The lawyer for
the defendant can have the case re-
viewed by taking a general exception
TO the charge in the court, and if any
material error at all is found the case
is reversed and sent back for a new
trial. Counsel for the defendant can
have the case reviewed in this way
upon any exception, while the prosecu'
tion has no appeal. The court often
times uneonsciously resolves all doubts
in favor of the defendant on the ad-
mission or rejection of evidence and in
his charge for fear Of being reversed
by the court above.
"In homicide cases in New Jersey
even the expenses Of a review are
paid by the county, upon the appliea'
tion of the defendant. When the jury
has 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
at liberty until the court above afirms
the convictions below. When the con
vieted one has money enough to have
the case reviewed lin cases less than
homieide) his chances are good TO
escape entirely. AS Mr.. Taft says, the
administration of criminal law in Great
Britain is much better than ours. There
there are no appeals allowed from the
trial in the first court unless the judge
presiding shall deem certain questions
of law of sufficient importance TO be
reviewed. There should be an appeal,
and if the court above them finds that
substantial justice has been done there
should be an affirmation of the verdict
below. There should be speedy re-
view of all criminal eases, and every
person convicted should not be admit
ted to bail, and should be in custody
until his ease is disposed Of by the
court above"