Albuquerque evening citizen., 1905-07-28
WHErCHED CRIMINAL PROCEDURE
IN AMERICAN COURTS
From San Francisco Chronicle

New Jersey judge makes the following comments
on Judge as speech concerning the jury system in this
country. He says:
81 agree with your paper that the juries in criminal
cases in this country should abolished at least
during the present time The morality jury box is
apou the same as the morality of the public large and
we sun nave iah that the morality of the public at large
such that II cases clearly presented properly
tried there trouble the Jury coming TO right
eous verdict The trouble is in the procedure criminal
procedure In this country has become kissing and by
word The protection thrown defendant in the
way OF absurd challenges to urymen the way excep
tions to rulings evidence to the charge of the
court in the way of appeal and all the tendency
OF upper courts to order new trials where single mis-
take has been made in the below have made the
prosecution of criminals unsatisfactory The trouble is
not with the jury but with procedure New Jersey
celebrated for its administration of the criminal law
just as much unsatisfactory as in many of the
other states in the union
In the first place the statutes exempt from jury duty
physicians druggists members of the national guard per
sons over 65 and others that do just now recall
"ch Is process by which many of those competent
serve are eliminated Challenges by the defendant may be
maze lor all sorts OF reasons and for ala
urher process OF elimination of the best men, ANY slight
material error made by the Judge in the admission or
rejection OF evidence which out of ten has no
influence the result brings about the reversal nv
the court above The year afterward is sent
back for trial. when the witnesses are either dead or have
departed The thing has become stale and conviction i'm,
possible The lawyer for the defendant can have the case
reviewed by taking general exception to the charge in
Souir anu IL any material error all is
case is reversed and sent back for new trial Counsel
TOR the defendant can have the in this
upon any exception while the prosecutor has no appeal
The court otentmes unconsciously resolves all doubts in
FAVOR OF the defendant the admission or rejection of
evidence and in his charge for fear Of being reversed by
the court above.
I'm homicide cases in New Jersey even the expenses
OF review are paid by the county upon the application
OF the defendant When the jury convicted the prs-
oner and the writ of taken to review the
the defendant may be admitted to BAIL except in homicide
cases, and is at liberty until the above arms the
conviction below. When the convicted one has money
enough to have the reviewed lin cases less than no
mcide) his chances good to escape entirely As Mr.
Taft says. the administrator Of criminal law in Great
Britain is much better than ours There there no ap
peas allowed from the trial in the court unless the
judge presiding shall deem certain questions Of law Of
sufficient importance to be reviewed In the United States
similar method should be adopted There should be an
appeal and II the court above then finds that substantial
justice has been done there should be affirmation Of
the verdict below There should be speedy review OF all
criminal cases and every person convicted should
admitted TO bail and should be in custody until his case
is disposed OF by the court above"