The Barre daily times. (Barre, Vt.) 1897-1959, 1911-02-23
METHODS OF ENGLISH COURTS.
Results Of Investigation Made by Two
American Lawyers.

Two American lawyers recently spent
-four months in the courts OF London and
at the asszes conducting an inquiry into
the methods of criminal procedure IN
England. Their investigation was under
taken at the request Of the American
Institute Of Criminal Law and Crininol-
ogy and in conducting it they were at.
forded every facility by the bench and
bar of England. Among the features OF
English procedure dwelt upon IN their
report and published in the journal OF
the American Institute are: The tacll-
ity with which juries are selected, the
dispatch with which trials are conduct
ed. the insignifcance which it attached
TO formal defects in indictments and to
technical errors generally, the non-parti-
san character of the prosecution, the
small number of appeals taken and the
low percentage of reversals, and the inn
portant part played by the judge in the
conduct of the trial.
The authors of the report found that
in England ii usually requires no longer
to select a jury than is necessary TO call
their names. that challenges are almost
unknown, that opinions of jurors based
on newspaper reports or hearsay eVi-
dence do not constitute disqualifea-
ton, and that jurors are rarely eXam-
ined on their yoire dire, as is the COM
mon practice in America.
The old and rigorous rule with regard
to particularly in the framing OF IN
dictments has disappeared and little i'm
portance is now attached to formal de-
fects. Comparatively few objections are
raised by opposing counsel TO the adj
mission of evidence, and wranglmg over
.nuestous Of this kind, such as are a
common feature of important trials IN
this country, are almost unknown.
The division of the bar into two classes
has the advantage OF securing trained
and experienced counsel so that trials
are rapidly expedited, though It has
the disadvantage Of separating the prls-
oner from his counsel and makes neees-
sarv the payment of double fee-one
TO his counsel and one to his solicitor.
Both fees combined, however, are usually
smaller than the single fee in America.
The English Judge takes very active
part in the proceedings and directs the
trial at every stage. If he is satisfied
at any stage OF the proceedings that the
evidence presented is not sufficient to
warrant conviction he may stop the
trial and direct a verdict of acquittal
He may call and examine witnesses with
view to bringing out more clearly the
facts of the case.
He requires counsel to eonfine them
selves strictly to relevant and proper
questions, and does not permit wrangline
over immaterial matters merely for the
purpose Of getting error into the record
or delaying trial. In an address to the
Jury. he reviews the evidence in detail
and expresses his opinion ON the weight
of the testimony introduced and admit
ted. He may comment on the failure o.
the accused to testify, as well as upon
the character and demeanor of witnesses.
In his summing up, he endeayors e
sft out the material evidence from the
immateriaI. to clear the issue OF confu
sions into which the jury may have beer
misled by opposing counsel and place the
material evidence before it in such 9
wav that It is readily ineligible to un
trained minds This done, the jury i
left to decide the case as the evidence
appears to Justify Under such circum