Arizona republican., 1910-11-01
PHOENIX, NRzONA, NOV. 1, 1910
Abolish tnO nd Jurv

Abolish tno nd Jury.
 The recent report of tife grand jury of Maricopa county in refere-cp the overcrowded condition of the jaI ought to have more attention from the public than it has received.
 How does it happen that for months at a time the jail is crowded to suf location with prisoners?
 The answer is, a large proportion of the prisoners is made up of those who are awaiting indictment and trial
 It is possibly not a matter of the largest concern to the law abiding public that prisoners are penned up in crowded and unhealthful quarters, but it is a matter of concern to the public that these prisoners are maintained at heavy cost to the tax payers It is of practical moment to know whether this cost can be re- duced
 A reduction in the cost of maintain ing prisoners in the jail would be achieved, if long delays between ar rest and trial could be avoided.
 The chief cause of these delays is the necessity of waiting for the grand jury to indict them before they can be tried.
 Why does Arizona cling to the out of-date grand jury system? is a ques- ton which has been frequently asked In the states that are really pro gressive" the grand jury has gone to the junk pile of discarded institu- tions. Instead of an indictment from 8 grand jury, a formal accusation Gin some states described in the statutes as an "information") by the prescott ing attorney furnishes the charge or charges upon which the accused per son is tried.
 This document, prepared just as carefully as the true bill" of a grand jury, and based upon the same character of evidence, serves every purpose that an indictment serves.
 The newer system requires no more work of the prosecuting attorneys office than the grand jury system calls for, and but little more respon- sibility Under the grand jury sys- tenn the evidence is gathered and pre- sented by the prosecuting attorney, and indictments are found, or cases are dropped, in accordance with his recommendations. So that the re- sponsibility is nearly all upon the prosecuting attorney.
 Why not make the prosecuting at torney altogether responsible?
 The district court of Maricopa county Is in session nearly all the time. If it were not necessary to hold prisoners for long periods awaiting the meeting of the grand jury. their cases could be reached with oelerity and disposed of with d's ~tch, and thus make a great sa =2g of public money. Sl The whole idea of a regular grand jury as a part of the court machinery is an unnecessary survival of a period in which social conditions were far different from what they are today. Means of communication throughout the country covered by the grand jury's investigations were limited; it | was not practical for any central au thority to gather all the information | concerning crimes that body of citi- | zens coming from various sections | could furnish, nor was the modern l system of a fully equipped prescott ing attorneys office in force. Some of the states which have abandoned the grand jury as a nec- essary feature of the prosecuting ma | chinery have, nevertheless, retained | the power to use the grand jury on 4 ,ccasion, and it would no doubt be | ,eII for Arizona to follow that | purse. Under the modified system | re grand jury is ordered by the
 t in compliance with petition |
 he requisite number of citizens |
 item reserves to the people |
 O take into their own
 legal investigation and |
 of crime when a public |
 4 Is thought to be negligent |
 npetent, and the power thus
 is an influential factor.
 in making prosecutors do
 rry, as an essential