Evening star., 1926-10-31
BY WILLIS J. BALLINGER.
7 + religion, science and industry
had moved forward as slowly
as criminal procedure we would
sill he u.nrS hinintr sticks md

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had moved forward as slowly
as criminal procedure we would
L still be Worshiping sticks and
stones. making our clothes on
spinning jenneys and riding around
the country in stage coaches.
The criminal today commits his
crimes according to modern methods.
We try to apprehend, arraign and
try him according to antiquated
methods.
Our criminal procedure is obsolete,
Inefficient. ineffective and the cost of
1t is outrageously high.
The city of New York, if it re-
formed its criminal procedure, could
save two-thirds of the present cost of
administering the penal law.
That is what the worlds most i'm
portant district attorney thinks of
American criminal justice. Joab H.
Banton is the prosecutor Of the
county of New York. AS / progressed
to the sixth floor Of the large office
building that houses his force and
looked at the large rooms filled with
busy clerks and lawyers, / began to
understand what a gigantic task is
Imposed upon Mr.. Banton.
! had come to see him for a COM
ment on an interview that l had had
with a very distinguished Canadian
judge-Justice William Renwick Rid
dell. Justice Riddell had told me how
in Canada it rarely takes more than
half an hour to get a jury, day to
try the accused and if within a year
a murderer is not tried, convicted and
executed, the criminal is considered
to be deprived of his rights under the
Magma Charta.
Crime Efficiency Gains,
We began a tour of inspection
through the factory of justice. do
you think we have a crime wave?"
I asked, as we waited for the ele-
vator.
mo" replied Mr.. Banton. "It is
not crime, but the efficiency of crime
that is Increasing. Today a few
criminals are more effective than
many times their number a few years
back. No wonder he appears for
midable and scares the community
into thinking that we are breeding
criminals like guinea pigs"
Mr. Banton," 1 said, Justice Rid
dell says that once criminal procedure
was simplified in Canada, justice be-.
came speedy and certain and crime
was checked"
II can speak for New York CITY,"
said Mr.. Banton. "Our penal law Is
great collection Of intricate definitions
and retinements. 1t is difficult to tell
where one crime leaves off and another
begins. 1t is antiQuated and amazingly
involved. Very often I feel as a man
would who, while travelling in an OK
cart, attempts to overtake a 1927
model high powered motor car. The
criminal gains about 10 jumps on the
constituted authorities
Criminal justice is like a. great
manufacturing plant. The fewer the
number Of processes the cheaper the
cost and the greater the efficiency Of
production. In industry we have seen
campaign conducted by the United
States Department of Commerce to
simplify the numerous senseless sim
liar forms Of production. Why turn
out 96 forms Of procedure when we
could turn out one or two that would
DO more effective work and cost less?"
Tell me, Mr.. Banton," I continued,
"some specific examples Of antiquated
legal procedure. l have heard a lot
about 1t, but most of the indictments
have been in general terms"
Technicalities Costly.
"Well," said Mr.. Banton. "let me
take a couple of illustrations from
actual cases during the last week.
What would you think of a procedure
whereby a man committing robbery
could come before q committing
magistrate and pleaded guilty? After
that we must take the case before the
grand jury. But when we put him
in the Tombs, awaiting trial, he gets
'educated'-that is to say, he is ad-
vised by his companions to take a
chance at beating justice. They i'm
press upon him the many slips be
tween the cup of indictment and the
lip Of conviction So when the State
puts this robber before a trial judge,
all ready for a speedy trial. he sud
denly pleads not guilty. There is
nothing that can be done about it
except TO make preparations for a
trial. summon witnesses, pay these
witnesses. make on the average of
seven attempts to get the case COM
menced before a judge. All of this
costs money. We must pay the wit
nesses. We must take policemen off
their posts.
Then what would you say if
should tell you that, on the trial, the