Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-06-01
ABOLISH THE GRAND JURY.

Next winters legislature VIII pe
asked to set in motion the necessary
machinery for a constitutional amend
ment abolishing the modern grand
iurv from the state of Iowa. Such will
be the recommendation of the state
bar association as the result of suis-
gestion from it's reform committee and
if is more than likely that the lawyers
of the legislature will agree with the
bar committee.
Judge MI. j. Wade, of Iowa City,
member of the reform committee. has
explained in a newspaper interview ms
reasons fer favoring the reform, as
follows:
II think that the grand jury should
be abolished, because whatever good
purpose it may have served in the past.
under our modern practice 1T is not
necessary for the protection of the IN
nocent nor the conviction of the
guilty
ut is hearing in which the accused
cannot be represented or heard-ln
which he can offer no evidence except
by consent of the state.
indictments are often returned
which cannot be sustained when the
evidence upon both sides is heard. 1t
is safe to say that more than two
thirds of the indictments returned by
the grand juries result i'll dismissal or
acquittal.
"It is unfai. to the accused to have
an Indictment returned against him
after a hearing in which he cannot be
represented, because while legally an
Indictment is only an accusation, yet
in the public mind the indictment is
often equivalent to a conviction.
1T is unfair to the innocent man to
be compelled, as he often is. to wait
long months after an indictment is re-
turned before he has an opportunity
of presenting his side of the case
ut is unfair to the prosecution, beA
cause it is compelled to go thru two
trials instead of one, and it discloses
to the accused the nature of the evil
dence, often many months before the
trial, thus enabling him, if guilty to
manufacture evidence to secure an ac-
qu,ttal.
II: involves a very large expense
which might be saved if parties were
put. .rpon trial directly upon informa-
ton.
Elm those states where the grand
Jury has been abolished, the courts, the
bar and the public are we'll pleased
with the change. In making the change
it might be well to leave the power in
- inv s,1
cases of peculiar nature; that is,
believe, the rule in Wisconsin, but am
told that the power is seldom if ever,
exercised"
Most lawyers who have had exper-
fence as county attorneys agree that
the grand jury is useless piece Of
judicial machinery. Seldom does a
grand jury ever indict If a county at
torney advises it not to and many
times political considerations or timid-
ity on the part Of men who know Moth
ing about the law has prevented an in
dictment which the county attorney,
had he possessed the authority, would
have returned. The grand jury was
originally intended to act as a check
upon useless litigation but in this
country the voters at the polls, assist
ed by the newspapers attend to this.
Today the star chamber sessions of
grand Jury are obnoxious to the peo-
pie, and. as Judge Wade suggests, an
indictment serves as a lasting stigma
upon an innocent man IL 1t comes from
a hearing of one side only. Since it
is no longer needed for any useful pur-
pose and since 1t has faults Of SER
ious character, It ought to go.