Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-05-02

Murder Will out one Tune IN ten,
even in America, according to the
report of the American Law Instl.
t,1te's committee on a survey and
statement of the defects in criminal
iustice. The committee consists OF
ex.Gov. Herbert S. Hadley Of Mis-
souri,. chairman, and William +.
Mikell, dean of the Law School or the
University of Pennsylvania, and John
c. Milburn, a practclng lawyer OF
New York City. Mr.. Hadley is dean
Of the Law School Of the University
of Missouri. This eminent body OF
legal authority points with dismay at
the showing that in America out
Of 10 criminals escape punishment,
and that of those convicted, the pun
ishment is inadequate in more than
half the cases, and the number VINO
are pardoned upon sentimental plead
ings. without regard to the evidence,
is far too high a percentage.
The committee asserts that more
crime is committed in the United
States than in England or Canada,
and a much larger proportion OF those
who commit crimes are not appre-
hended in this country. The eminent
LAWYERS declare: This emphasizes the
general inadequacy of our police de-
partments and peace officers, but
they also confess as to their own pro-
fession-the bar-that "a larger pro-
portion Of those who are prosecuted
for crime in this country escape
punishment than in England or in
Canada"
This arraignment of. the system of
Justice in America is the most seri-
Gus and significant that has ever been
made. In the American Law Re
.
made to the summary powers of our
police: 1.-The despotic power of arrest
given to the police in the United
States-and Russia-is unknown in
Great Britain" page 16S, vol. 45).
Nevertheless, the Hadley Report cites
the statistics of crime in Baltimore
during SIX months of 1928, when
2825 serious crimes were committed
for which only 734 persons were ar
rested. and of these only 440 persons
were indicted 1t also cites a survey
made in Cleveland, where, out of
1000 arrests for felonies. 81 pleaded
guilty and only 118 others were ever
brought to trial.
These are isolated instances, where
general statistics covering the entire
country do not exist but the law of
averages is assumed to operate, and
there is no reason to believe that con-
ditions are worse in Baltimore and
Cleveland than in other parts of the
Nation. The committee protests that
there are too many indicted who are
never tried: too many prosecuted who
are acquitted lin spite of guilt. and
too many OF those who are indicted
escape prosecution, conviction or pun
ishment in ways other than by &C.
quittal" The need of the establish
ment of a bureau of criminal statis-
tics in connection with the Depart
ment of Justice was emphasized. The
Hadley investigations leading to the
report covered information gathered
from so leading cities, from attorneys
general of many States, where re-
ports are on file, from prosecuting at
torneys of scores of counties, from
prison records and from the office of
the Attorney General of the United
States.
It is emphasized that back of all
police and judiciary must be alert pub
lie sentiment for law enforcement;
otherwise both police and prosecuting
attorneys-hnd likewise jurieS-will
tend to relax vigilance. There is
radical difference between the police
system of America and of England,
and, according to the committee, that
difference does not inure to the credit
of the American system. Here, each
village and city or other social unit
has it's own Independent police force,
more or less jealous of that of rival
communities, and especially jealous of
State interference; still more of Fed
eral interference.
The standard of training is low, in
Comparison with that of England. The
police of America make arrests, and
have little to do with preparing the
cases for prosecution; the result is
lack of team work between police and
prosecutors. In England, the police
gather the evidence and prosecute the
cases. There is in England no regular
prosecutor who tries all cases during
his term, the court appoints a differ.