The San Francisco call., 1910-10-14
LAWYERS URGE
new RULES FOR
STATE COURTS
Association Urges Changes to
I Expedite Justice and End
Technical Pleas
Verdict of Three=fOurths of Jury
Favored Except Where
Life Is Involved

AS the outcome of years delibera-
tions and Investigations a committee OF
the San Francisco bar association has
recommended important changes in the
civil and criminal procedure of the
state courts.
The reforms proposed cover a wide
field. Most important is the suggestion
that in all criminal cases, except those
involving the death penalty, a verdict
may be returned by three-fourths OF
the jury. The whole list of changes
which the committee favors is intended
to expedite justice and to deprive de-
PENDANTS of those advantages purely
technical, which make for delay and
confusion.
The committee, appointed a year ago
consists of the following: o. K. Cush-
ing, Boutwell, Dunlap, I. Harris, Bever-
ly l.. Hodghead. Grant HI, Smith and
Curtis II. Lindley. AS president of the
bar association Lindley was an ex-
off1cfo member
WIDE FIELD COVERED
The inquiry covered a wide field
Judges throughout the state and attor-
ney generals throughout the United
States were called upon for advice and
suggestions. In reporting, the commit
tee said that it had not sought to IN
clude all reforms that might have been
thought desirable. but those considered
of pressing Importance.
Two constitutional amendments are
proposed. The first calls for verdict
b ythree -fourths of a jury in criminal
cases, as at present in civil trials. The
amended clause is made to read as
follows:
TN civil and criminal actions three
fourths of jury may render YER
dict, provided however, that in all
cases where the death penalty must be
pronounced by the court, or where the
offense is committed before the adop-
tion Of this amendment. the verdict
must be unanimous"
The second constitutional amendment
recommended while still granting a
defendant the right not to be witness
against himself, provides that the
prosecuting officer may make such
comment upon the failure of the party
accused to testify and the court may
give such instructions to the jury re-
garding the same, as the legislature by
law may provide"
GRAND JURY INVESTIGATION
The committee reports a series OF
amendments as to grand juries which
aim to do away with long investiga-
tions at the instance OF indicted persons
regarding the qualifications of such
jurors.
I'VE believe such procedure generally
results in no advantage to- the defend-
ant" says the report. 1T is expensive
to the state and brings the administra-
tion of criminal law into disrepute.
An important proposal In procedure
is that allowing district attorney to
amend an indictment as long as he
does not chance the offense charged.
This is covered in the following pro-
posal:
AN indictment or information may
be amended by the district attorney
without leave of court, at any time
before the defendant pleads. Such
amendment may be made at any time
thereafter IN the discretion of the
court Cor by leave of court) where it
can be done without prejudice to the
substantial rights of the defendant.
An indictment cannot be amended so as
to change the offense charged nor an
information so as to change an offense
not shown by the evidence taken at
the preliminary examination"
OBJECTION TO TECHNICALITIES
1.-THE spirit Of our law demands the
disregard of technicalities, comments
the committee, "and the proposed
amendment has that end in view
The committee finds objectiona BILE
the law passed by the legislature of
1909 at the solicitation of Assembly
man Alfred Wheelan. This gave an
indicted person the right to demand a
full copy of the testimony given
against him before the grand jury.
The committee suggests that this pro-
vision be eliminated.
THE amendment of 1909" says the
report, 1T is clear, Is for the benefit
Of persons accused by the grand jury.
The taking down Of the testimony on
which an indictment is found is made
obligatory and a true copy thereof
must be served upon the defendant at
the time of his arraignment. The
theory upon which our penal code was
framed was that all proceedings be-
fore "a grand jury were to be kept Sc
cret and that a person accused by a
grand jury was entitled to know the
names of the witnesses, which were
required to be indorsed on the indict-
ment, but it was not his right to have
the testimony on which the indict-
ment was found"
LIABILITY OF WITNESSES
On the subject of evidence, an
amendment is proposed denying to q
witness the. right to refuse to testify
on the ground that he might inerimin-
ate himself, but prohibiting prosecu-
tion for any offense concerning which
he may have been compelled to tes-
tify.
I'VE think that the enactment OF
such law" says the committee, will
make it easier to secure convictions in
those cases of crimes where more than
one person is involved and also that
the law will have direct tendency tc
discourage such crimes because Of the
foo ~ ho oh, nil box I,
confession of the other
OF reform in civil procedure the re-
port says:
One of the steps in an action where
much delay occurs is in bringing the