South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-02-20

friends or money who are accused
must stay in jail. The humane de-
sire OF the courts 20 grant the re-
/ lease Of innocent men detained in
jan on charges naturally leads them
TO direct thc trial OF the defendants
in jail before the trial Of the de-
PENDANTS out on bail.
"Jail'' and Bail
Jn few cities. II any. in the United
States are there court enough and
prosecuting officers enough promptly
20 dispose Of al the cases before the
courts The result Of it is that the
preference. of Jail" cases. so-called.
20 "baiI' cases for early trial post
pones the bail cases until the case
becomes SO old that the witnesses
have left the jurisdiction or disap-
peared beyond the control OF the
subpoena Of The court. More than
this. after months or years, the
memory of the witnesses Is much
more indefinite and much easier 10
impeach on decentralization. De
lay is the great hope OF the guilty
criminal. and II is by delay that the
criminals with money secure i'm
munity.
Judge Cava-naugh has shown by
statistics drawn from the records OF
the criminal courts Of Chicago that
the giving OF bail and the release
OF the defendant in a criminal case
is almost equivalent TO an acquittsl
or a nolle PROSE-. and this is true
in all the large cities Of the country.
The writer was assistant prose
cutting attorney for Hamilton county.
Ohio. during the year 1881 and
wrote an article for The Cincinnati
Law Bulletin pointing out this de-
feet in the prosecuting machinery OF
Hamilton county and Of the counties
in which We're situate the great cities
OF Ohio. The public are forgetful
and the mum Der of cases in which
the defendant has been released on
bail and thereafter tried and con
victed constitutes a small percentage
OF the crimes committed. Nor can
the public keep advised Of this dis
graceful situation Of the criminal
dockets Of their courts.
The cases are so many that the
prosecutors are not watched closely.
and the opportunity for influence. not
in securing an acquittal or a nolle
PROSE-, but in merely securing post
ponement is great and the discre-
ton Of prosecutors in this respect
is often abused. This particular de-
feet in the administration OF Grim
inal justice is peculiarly vicious
because it greatly emphasizes the
contrast between the danger OF con-
viction 20 q man Of wealth or po-
litical influence who commits a crime
and the poor man who has no
friends and no money.
Mr.. Fosdiclz points out also the
outrageous delays incident to the
selection of juries in important Grim
inaI cases. This is an abuse which
might largely DC cured by legislation.
Too much latitude in peremptory
challenges is given by law TO the de-
PENDANT to secure such a jury. He
desires TO eliminate the strong re-
spOnsible members Of the community
from the panel and to secure weak.
ignorant persons who are easily 81 b.
! Ject 10 the Establishments and mis-
| leading emphasis Of unimportant
details of counsel for the defense.
The contrast between the short time
In which a jury is selected in the
most important murder case in
Great Britain and that which it takes
in almost any OF the state courts,
notably those Of New York and Chi
cago, IS painful.
To take up three months in the
! selection of jury. as has sometimes
! been done, blocks the administration
/ OF justice in respect to many other
cases and makes il impossible to
carry through the trials that ought
I 70 be completed in order TO dispose
Of the business before the court.
The power OF the Judge 10 help the
! jury in Analysing the evidence and