University Missourian. [volume] (Columbia, Mo.) 1908-1916, 1910-12-27
An English Lesson.

Law and Criminology which went to
, England to study differences in pro-
cedure in criminal cases between
English and America jurists. Judge
John ID. Lawson, dean of the School
OF Law of the University of Missouri,
l was one OF the two named on the
committee:
From time immemorial we have
, heard criticisms of American criminal
trials as compared with the English,
and the speedy outcome of the Grip
pen trial has been contrasted over and
over with other trials N the United
: States and even with the one concud-
Jed yesterday in East Cambridge
which reached verdict much more
speedily than is usual. 1t must be
remembered. however, that :he pro-
longation of criminal trials in this
country is almost always due to the
verdict of guilty; when the opposite
verdict is rendered. as in the LIE Blanc
case, that usually ends the matter
There is no doubt. of course that
English procedure has much to teach
us. and special committee of the
American Institute of Criminal Law
and Criminology made visit to Eng
land last spring to investigate the
Judicial procedure in criminal cases
!
they saw. This American Institute of
Criminal Law and Criminology is
new organization. It's president is
Professor John Wigmore. dean of the |
Northwestern University Law School,
Chicago, who. it will be remembered I
| received the degree of Ii. ID at the i
time of the inauguration Of President |
Lowell and was dubbed by President |
Lowell. in comforting the degree. "a
jurist in a day when LAWYERS are
many and jurists rare" This ins,i
lute prepares journal. which is be-
coming well known among LAWYERS
and is being consulted by sociological
experts
The special committee consisted of
John ID. Lawson. dean of the Law
School of the University OF Missouri /
and Edwin r. keedy. professor of law
IN the Northwestern University of
Chicago. Their report has just been
made public in a pamphlet reprinted
from the journal, which will be found
most interesting and valuable. 1t is
impossible within the limits of a news
paper article tc give a presentation
OF the points which they noted, but i,
their conclusions and recommenda.
tlons are brief and can easily be un-
derstood by the lay public. These rec.
concentrations are as follows: u.
l. All objections to the Indictment
should be made before evidence is
heard, and errors in matter of form
at once.
2 The prosecuting attorney and
counsel for the defence should before :,
trial consider and discuss the uualif.
cations OF the individual members of !,
the jury panel and agree to the dis
OF any one clearly incompetent
to be a juror. -
, NJ il
q. The voir dire should be limited -
10 the asking of questions STRONGLY
lending to show incompetency or bias :.
N the present trial -
A. All prisoners on trial unop in. -,
,io,,o,+ "pon III Ii
ilctment' who are unable to employ Il;
counsel, should be furnished with
egal assistance throughout the trial ,,
Including the arraignment.
3. The prosecuting attorney, in, ~, NJ
tead OF being partisan. should in,
'est!sate the case from non-partisan -,
tandpolnt, and should make an i'm
'artial presentation of the evidence ~:
o the jury. I ".
b. Ihe fee system, wherever it ey- :,
sts, for the compensation of prosecut- H.
ns attorneys, should be abolished. ~,
!. Counsel for the prisoner should -.
efend him by endeavor:ng to dis ,,,
rove his guilt, and never by inject -
lg error in the record ~. ~
y. The trial judge should, not be O.,
mere presiding officer, but should
Ike an active and controlling part
the trial. He should restrict coun- co
81 to the asking of relevant questions do
le should promptly oyer-rule and dis ON
Durage technical objections. He an,
1ould never permit counsel to intimi- bo,
ate or improperly confuse a witness tbe
e should sum up the evidence to ou
le jury and direct them as to the pr,
W applicable thereto liz,
>. New trials should never be ma,
'anted for technical errors, but only .
prevent miScarriaoo nf ;,,.,;o.