New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-27
LEGAL LOOPHOLES
INCREASE CRIME
Judge Swami Would Sim
plify Legal Procedure to
Check Wrongdoing.
QUICK CONVICTIONS
SUREST DETERRENTS
Appellate Courts Still Have High
Regard for Technicalities and
ThWart Justice.

Judge Edward Swami, 81 the General
Der Of THE Trend" entitled "The Need
for New Presidents in Criminal Proce-
dure." He comes to the conclusion that
crime IS on the increase and that the
only intelligent means OF checking II is
TO simplify our legal procedure so as TO
eliminate the technical loopholes of pre-
eliminate the technical loopholes of prece-
dent and make punishment more certain
Notwithstanding several years OF ex-
pert uplifting" he writes, Crime in
creased in this country during the year
1913 more than 20 per cent over the pre-
ceding year. as evidenced by the fact
that the indictments filed in the courts
Of General Sessions OF New York were
more than % per cent in number over
the previous year, and in Special Sessions
the nformatons filed were 30 per cent
greater in number than the preceding
year. The New York Commissioner of
Police in March rendered his annual re-
port to the Mayor, I'm which he gives the
figures 10 show that the number of ar
rests for crime in the greater city OF
New York had increased so per cent over
the preceding year"
Judge Swami points out that this In
crease has taken place in spite Of wide
spread interest in reform and the en-
ployment of such means OF reformation
AS suspended sentences. indeterminate
sentences and farm colonies.
"One OF the strongest deterrents of
crime" he says, would he the knowledge
of the certainty and CELEBRITY Of conviction
In case OF guilt; the inclipation to take
chance would thereby be reduced 10
a minimum.
This end is only attainabe BY a simpIi-
hcation Of procedure whereby the issues
may be clear cut and well defined on
both sides. and technical errors not af
fecting the merits be disregarded thereby
substituting the natural method for the
technical system IN determining tine guilt
or innocence Of the accused"
Recent cases decided by the Brooklyn
Appellate Division, strictly i'm accordance
with precedent. are mentioned by Judge
Swami to show that despite some tend
ency toward reform the appellate courts
stiH have a high regard for TECHNICAL
ties. The cases are cited. he says. with
out any intent to criticise the decisions
in any respect, for they are all founded
on unimpeachable presidents"
The Nemark case was reversed on ap-
haganaa hot
panelled, the trial Judge. seeing by the
complaint that the defendant had pleaded
guilty in the police court. offered him a
lighter sentence II he would expedite
matters by pleading guilty. II was held
that the judge BY so doing was com
mitted in advance to the theory Of the
defendants guilt"
In tine Damron case n grand larceny
conviction was upset, although the APP
pelate Court acknowledged that guilt was
proved beyond a reasonable doubt. be-
cause the Jury panel was drawn at in
the morning. instead of at 10.
\ second degree murder conviction In
the Motello case was reversed because
the trial court reduced the charge from
first degree TO second degree upon the
motion Of the District Attorney.
Because the trial court did not give
sufficient instruction as to the value Of
character evidence, the Buccufurl man.
slaughter conviction was reversed. The
court instructed the jury as follows:
give the defendant due consideration for
his character. II you believe his char
acter IS good, in passing on the evil
5cnce"