New-York tribune., 1911-03-12
Should Tell Their Stories
First, Without Aid of Counsel.

&, The error may have been due 10 thought
, lessness. and not premeditated. You. as his
| father, realize that and take IL into ac-
count He realizes when he has done
wrong. ard, II caught. expects that there
will be some punishment as result. But
he IS not advised by you TO get some one
to tell him what to say and what not to
say
Likewise II should be with the state.
which IS In the same position TO those
within It's boundaries and those not having
the right home influences as father is 10
} his children The people should be made
TO realize that they are personally re-
sponsible to the state and its laws for their
actions: that, If unjustly accused OF
crime, the best way to clear ones self Is
to make a full explanation; that. If guilty.
Il Is best to make admission Of misconduct
and trust that 1t will be justly dealt with.
IT am OF the opinion that the present
procedure is encouraging crime rather than
otherwise. Those crlminally inclined are
| willing to take chances at being caught.
knowing that, If they are, they are not
compelled TO say anything without asking
an attorney what to say and how to say IL;
also that II IS unnecessary TO take the wit
ness stand, and that the refusal should not
count against the accused person: also.
that Il IS possible to get counsel TO have
the story told to the best possible effect.
| with those parts considered detrimental
left ont under various pretexts. After con-
| sulting with an attorney 1t Is safe say
that many do not confess who would 5e
inclined to make clean breast Of t pro-
| yided they realized that Il was up t. them
and TO them alone TO explain their lcticns.
| Then, too, they realize that II unable 10
pay the money the state will assign and
pay a lawyer TO advise them how 10 an
| swer and when not to answer. 1t Is along
the same lines as the father advising an
erring son to 60 TO some one and receive
| advice as TO how he should tell his story,
what TO tell and what to forget.
Long observation has given me the opin-
ion that this tends to encourage crime and
criminals. 1t might be interesting 20 see
whether this is so by trying It in some
state and see the wide berth criminals
would give it in comparison to what they
would do in other states where the present
procedure is in use. Also. note the decrease
Of crimes and criminals within its borders
Captain Arnold also believes that there
might he an improvement in handling VIII
nesses Provide witness room separated
from the courtroom proper" he says, and
have the witnesses there during tial.
Then one will not hear what another has
| testified, there will not be the opportunity
for one to govern his testimony by what
has been said before. and. believe, truer
story will get out for the courts decision
than when the witnesses hear all that is
| said and done. Not that the witnesses are
all likely 10 make up stories dependent
upon how the case is going, but they are
| sometimes apt 10 be influenced by what
others have said and seen. One may nave
thought that he saw such thing happen.
but upon hearing another version DECIDES
that that was the real way he saw 1t.
The Juvenile probation law in its entirety
does not appeal TO Captain Arnold, al
though he believes that It has good feat
ures IIe believes that IN many cases II is
an encoura cement 10 crime both from the
standpoint of minors and others of mature
age He believes that II should be so that
a iudge can use his discretion In passing
iudgment that the children and their ELDERS
should have the idea that violation OF thc
,au, means a more severe penalty than
simple probation.
1T is undoubtedly due 20 the Juvenhe
probation law" he says. that many chil'
dren ce, into the clutches OF the law "no
otherwise would not. Undoubtedly there
are numerous cases where those not crln-
ira,,v inclined and Of tender age get INTO
tbe clutches of the law while acting as the
tools Of older persons. Even the children
realize that appearance in court means
little but being turned over 10 the rropd'
,ion oficcr--a trjfie inconvenienf, bnt no'
having nearly the terror that REFORM
! school or jail had 20 the children re"
wears ago. In numerous places II has been
found that parents or older persons deslre
"a sunropriate or steal somc article OF
number Of articles. but realize that convic-
,ion means iail or heavy fines Tor them'
| hut nothing worse than probation for lhe
children. Upon this suppositon IN" chii-
dron are urged invited or commanded 10
do the work. receiving d start IN CRIME
vbich probably would not have been mace
otherwise Some provision whereby heavier
I nenalties were the rule. with probauon dt
Tho discretion of the court, would pndouo'-
ed,,- nroye efficient as an example Tor inc
children and their parents now represented
moro or less often in the juvenile court
sessions