Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-12-26


of prosecuting officers generally I'M
| trained and almost always animated
more by political than any other
motives.
Comment on Prosecutors.
while politics does not always
control procedure in the prosecutors
office, it always selects the me- who
| fill them.
THE politically selected prosecutor
whose tenure of Office depends on his
continuance in favor with political
leaders, cannot be expected to main.
tain consistently a state Of mind
favorable to the achievement of the
best results.
Thus those who seek these jobs
/ are not always or usually exactly
the right men for them, and even
when men possessing right equip
ment as far as training and natural
ability go do manage to get these
| posts they may not feel 1t expedient
and even may not be permitted to
use that training and ability to the
| utmost limits of their capacity.
Honest though they may be and
undoubtedly almost always are in
their fundamental psychological re-
actions, the traditions of the offices
in which they were installed. the
| accustomed grooves in which the
| wheels are turning when they take
them over, indeed all the associa-
tons and influences of those offices
are political rather than strictly, &C.
curately, basically just, ruthless and
efficient. Justice, ruthlesSneSS. eff
| cheney are the prime essentials in
really worthwhile prosecuting system.
MANY Pitfalls IN nOdge
Even if all the pitfalls we have
dug for ourselves are avoided be-
tween the time when we arrest a
sinner Gf we happen actually to
| make such an arrest) and the time
| when the prosecutor begins work on
him, such as grand jury failures and
bail bond obstacles to justice, dire
dangers Turk in the influences which
select and motivate our prosecuting
machinery.
Furthermore the office of public
prosecutor, being regarded as a
mere stepping-stone to more profit
able position, attracts principally
young men, immature, far from the
zenith OF their mental powers.
Few American lawyers have set
as their goal In life the creation OF ca
reers as great and highly efficient
such an instance and do not expect to
hear Of one.
"On the duties Of an Office which is
mere stepping stone a man scarcely
can be expected to keep his gaze ear.
nestly f1xed when q little blinking and
little winking, little extra fierce
ness in some cases and little careful
Indifference In ,thers may be Of help
to him in taking the next stride.
SO there is something more to be
considered as having possible bearing
upon Americas criminal situation.
Effect Of Advancement.
Usually that next stride hoped for
by the man who has become a public
prosecutor is advancement to a seat
upon the bench in one of our various
courts. History shows that prose
c,rtors often thus are LED TO Justify
measurable subordination Of their
oaths of Office to political considera-
ton. not only feeling IL essential to
their own ambition to satisfy what
power, but to subordinate their own
innate ideals of efficiency and exact
justice almost wholly to the exigen-
cies of political strategy.
And do not forget that the posts to
which the ambitions Of our public
prosecutors tend, to gain which 1t
sometimes seemS almost necessary
that they should subordinate the best
of their ideals, are seats upon the
criminal courts bench.
THE effects Of this upon our crimi-
nal courts must be obvious.
mot even the best Of criminal laws,
therefore, would save our situation
fully, and Heaven knows our criminal
l~xw Co., <,N,~ - L.
Judge May Be Pliable.
Assuming for the sake Of argu-
ment that a criminal actually is de-
tected and arrested by our not too
perfectly organized and trained and
always politically Influenced police,
that he actually is held in prison until
his case has been considered and (hav-
ing no opportunity to jump profes-
sional bondsman's bail meanwhile and
commit new crimes SO as to raise
funds for the next episode of the kind
in the natural progression of his GRIM
inal careerl really is indicted by our
grand jury system, the chance is at
least good that when he gets to trial
the court will be presided over by a
fudge politically named and therefore
inevitably politically Influenced.
zone reason for our crime waves,
our high murder rate, our bungling
police procedure and the frequently
pitiful or pernicious practices in the
Offices of our public prosecutors is
that our criminal judges are elected,
and therefore themselves are subject
to political influences. This, Of course
also influences our system of bailing
prisoners and, after their conviction.
of sentencing them and perhaps later
on paroling them or suspending SEN
tence.
"In England, though am no Anglo.
maniac, all these errors of politically
Influenced and even controlled police,
of politically influenced prosecution
and Of a politically Influenced judi
ciary are avoided.
English Crime Rate Low.
"Hence the crime rate is compare
lively low in England. A tremendous
period of Industrial depression since
the war has not raised it to O. level
comparable to that which we know in
| the midst OF an era of great Industrial
prosperity.
"a cause undoubtedly is that no
| judges of the English criminal courts
| are elected to their places. Not one
| Of them ever needs to give a moment
| to consideration of the desires or pref.
udices of a political party, political
boss or to think Of personal popularity
among political henchmen when deal
| ing with a crook.
1.-THE lord chancellor is appointed by
| the crown and is a member of the
cabinet, and. usually on the recon-
mendation Of the English bar as a
whole, he appoints all judges Of the
| criminal courts.
| THE standard Of lord chancellors
has been kept very high. Even the
| Labor government, which violated
most Of the traditions Of the English
people, appointed to this important
Office Lord Haidane. a man admittedly
of great intelligence and high legal
| attainment.