Los Angeles herald., 1908-12-19
PROSECUTORS ASK
CHANGE IN LAWS
DISTRICT ATTORNEYS FAVOR
NEW LEGISLATION
Recommend That, Except in Capita
Cases, Three-Fourths of the
Jury May Render
Verdict

Members of the District Attorneys
association of Southern California met
in the Office of District Attorney Fred
| ericks yesterday to consider pending
! legislation before the state legislature
and make recommendation in regard
to proposed amendments to the con-
stitution and penal code. Those pres
ent were Captain Fredericks, District
Attorneys Day, Santa Barbara Bow
ker, Ventura; Byrne, San Bernardino;
Davis, Orange; Evans, Riverside, and
! Kirby of San Diego county.
! Speaking of the work of the asso-
citation, Captain Fredericks said:
We have agreed to recommend a
resolution that section 8 IL be added
to the constitution, as follows
1.-The grand jury may consist of any
number of members, not less than five
nor more than fifteen, as the legisla-
ture may provide
THE present number is cumbersome,
expensive and a great burden on those
available for grand jury duty, and
larger than prevails in nearly all the
states, and no advantage Is gained by
the great number. The recommends
tion is the same as those now in force
in Iowa and other states"
A recommendation that section Z of
the constitution be amended so that
three-fourths of a jury may render a
verdict also was adopted. As proposed
the section would provide that three
fourths of jury may render a verdict
in all civil and criminal cases, except
where the penalty is death or life i'm
prisonment. A trial by jury may be
waived in all cases by the consent of
both parties, expressed in open court
In civil actions and cases of misde
meanors the jury may consist of twelve
or any number less than twelve upon
which both parties may agree in open
court.
This amendment" said Captain
Fredericks. .-permits.a verdict of jury
in criminal cases to be rendered by
nine of the twelve, thus rendering disa
greements by reason of a peculiar con-
dition of mind on the part of a few
jurors impossible, and prevents one or
two men from obstructing the course of
business and the will and judgment of
the create majority, thereby saving a
great expense in retrials. 1t also per-
mits a defendant to be tried by the
court without jury. At present only
misdemeanorS can be tried in this way.
1t also permits small misdemeanors
created by ordinance, and violations of
mere regulations to be tried by court,
even though the defendant requests a
jury"
The section Of the penal code having
reference to challenges is recommended
to be changed so that a defendant
charged with a crime punishable by
death or life Imprisonment may be
entitled to ten peremptory challenges
and the prosecution ten. On trial for
other offenses the defendant may be
entitled to five and the state five. AT
present the defendant has twice as
many challenges as the prosecution,
and no reason, it is claimed, is appar-
ent for this.
1--WE will also recommend" said Cap
tain Fredericks that section 954 of
the penal code be amended so that the
court may, in it's discretion, limit the
prosecution to any one or more offenses
growing out of the same act or transac-
tion. The benefits of this amendment
can best be described by an illustra-
ton:
"a man steals 10 cents from his en-
ployer in the morning. 20 cents in the
afternoon and dollar the next morn
ing, and so on for a year. When he is
detected he can only be tried for one
of these offenses, and all evidence as to
the others must be excluded So the
prosecution is often placed in the ri
diculous position of trying hardened
criminal for the trivial offense of steal
ing a small amount"
Expressing the opinion Of the associa-