The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-10-18
ASK CHANGES IN
TRIAL PROCEDURE
Prison Congress Committee
Wants New Plan for
Selecting Juries.

Omaha, Neb., Oct 1s-The report
OF the standing committee on "Crimi.
Prison Association, in session here,
Judge c. A. DeCourcy, the chairman
of the committee, advocated, through
its findings a number OF changes In
the existing laws on Indictment, plead
ing. trial procedure, etc.
The committee finds that there are
fragrant abuses OF indictments. That
the indictments are often so compli-
Gated that the defendant is totally un-
able to understand them. The commit
tee suggests more simple and COM
pact indictment. 1t also suggests that
in every jurisdiction the public prose-
cutor be allowed the right to amend
the indictment at any time. provided
that the offense is not thereby chang
ed and that the accused be allowed de-
lay when necessary to meet the
change.
The report. further states:
I'm order to secure substantial JUS
tice both to the community and the &C.
cused we must reform certain fla
grant abuses that have grown up here
and there in our criminal procedure.
New Jersey System.
THE selection of men for jury duty
should be entrusted to,officials appOin-
ted by the courts. Exemptions from jul
ry duty should be limited to few, such
as clergymen, doctors and lawyers. No
man should be disqualified for service
inion upon It so fixed that he cannot
try the case fairly upon the law and
the evidence. The examination of jur-
ors on their weir dire should be abol-
ishel or limited to a few essential in
quiries by the presiding judge"
Reversing convictions justly OBJ
tanned upon errors that do not effect
the merits. Probably this is the worst
feature of the American procedure,
and the chief cause OF the growing dis
content with the courts is the lavish
granting Of new trials in some juris-
dictions Where a man has been de-
clared guilty Of crime by jury af-
ter a thorough and fair examination
OF the facts. that verdict should not
be set aside for any irregularity or
error which has not led to a false or
unjust result"
"A long step towards reform will be
taken when public opinion secures the
enactment and application in every
State OF a law substantially like that
unanimously passed by the u. 8.
House Of Representatives.. February 6,
1911. mo judgment shall be set aside.
or reversed. or new trial granted by
any court of the United States in any
case. civil or criminal. on the ground
Of misdirection Of the jury or the i'm
proper admission or rejection of evil
dence. or for error as to any matter
Of pleading or procedure. unless, in
the opinion OF the court to which ap-
plication Ia made. after an examina
ton Of the entire cause, It shall appear
that the error complained of has inju-
riously affected the substantial rights
Of the parties"
"Your committee believes that the
time has come for seriously consider
ing a modification OF the unrestricted
constitutional guaranty against incrim-
mating testimony by one accused Of
crime-a rule exacted when a defen-
dant was not allowed to be a witness
in his own behalf These constitutional
nmmunities are invoked today in favor
of crimes involving complicated cor
porate and financial transactions, with
the result that in the popular opinion
the machinery of justice has broken
down. In all criminal cases power
should be given to a committee magis-
trate to examine a defendant and de-
mand an explanation Of the circum-
stances which have created suspicion
against him; and his failure to explain
or to take the witness stand should be
made a legitimate subject Of comment
by the States attorney in his argu
ment to the jury"
The committee hnds the subject Of
criminal law reform is essentially To-
cal question and calls for local action
and remedies. To accomplish any Of
the proposed changes. therefore, 1t is
necessary for the people to be awaken
ed to the gravity of the situation and
demand tn necessary reformatory leg
islation.