The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-01-21
TO ABOLISH EVIL
| OF LAWS DELAY
Commonwealth Club Moves to
Reform Criminal Pro-
cedure in State
Prepares a Large Number of
Bills Designed to Prod
Tagging Justice

The Commonwealth club has pre-
pared a large number of bills de-
signed to reform the criminal pro-
eedure of the state. Under the
amendments proposed 1t is believed
that the trial of cases will be short
ened and much time saved in the
preparation of the record for appeal.
The Judgment, under the plan con-
Iemplated, must be pronounced In Hve
days and the record on appeal must
| be hled IN the appellate court within
SO days after the verdict. 1t not In
| frequently occurs that several years
elapse between the verdict and the
Ming OF the record on appeal. The
average time is nearly year.
sired, about 20 bills have. been pre-
pared They repeal some loo sections
penal code. The notifications We're
suggested after an exhaustive study of
the, question by the Commonwealth
club. The proposals are embodied in
report of special committee COM
posed Of Beverly L. Hodghead, chair
man; Sidney " Smith, Lester IA.
son, orrin X. McMurray, Alexander G.
Eels and Fairfax H. Wheelan.
The alterations in the present law
for which the new bills call have been
grouped by the Commonwealth club
under IL general heads. These are
enumerated as follows:
/. To make the grand jury an accusatory
body purely. Objections must be made against
the Jurors when the body is impaneled; after
that it can not be assailed This will put q
stop to the practice of placing the Jurors on
trial.
?. To enlarge the number or persons eligible
to jury duty by including stock holders in as
sessed corporations and also those whose wives
are on the assessment roll
3. To eliminate the rule that bars from jury
| those who have read published accounts OF a
case.
4. To repeal the provision allowing chal-
lenge Of the panel of trial jury.
.. To require the court 10 conduct the ex-
animation Of veniremen with such assistance
from counsel the court may permit.
O. To limit the right of counsel TO obtain
special Instructions to the jury by giving attor-
neys the right merely to specify such points or
law as they desire to have covered
Z. To allow motions for a new trial only
after judgment has been pronounced.
s. To hasten the hearing on appeal by pro-
viding that all motions against the judgment
In the trial court must be heard and disposed
of in 20 days and unless appeal be taken In
i've DAYS thereafter the Judgment becomes nnal.
3. To prevent the prosecution OF appeals on
points not presented to the trial court by pro-
yiding what points defendant may specify as
a ground for his appeal
TO- To discourage appeals upon grounds which
do not affect the substantial merits or the case
by providing that Judgment shall not be re-
versed unless it appears to the court that an
affrmance of the Judgment would result In q
miscarriage OF Justice.
H. To abolish bills of exceptions and embody
provision for the fling with the higher court
OF transcript of the case within 80 days from
the time the appeal is taken
H. To give the people more extended power
of appeal and to enlarge the number Of peremp-
tory challenges. distributing them equally be-
tween the state and the defendant