Evening star., 1926-09-20
BY LOUIS SEIBOLD.

BY LOUIS SEiBOLD.
A sweeping investigation of the gu
dicial system is under way in New
York State as part of the effort for
reforms in the methods of combating
crime Similar Investigations are
planned in New Jersey, New Hamp-
shire and other States.
The New York Legislature appfo-
pirates $4,000 0to finance state
Crime Commission. This commission,
headed by Senator Caleb Baumes OF
Nevhursh. took up it's task early in
the wear. Experts have been intrer-
viewed and visits have been made to
Sing Sing and other State institutions.
Sidney w. Brewster. warden of the
district prisons and of the House OF
Detention for Men in New York City.
and William H. Anderson of ANTI
Saloon League and Sing Sing fame,
are among those who have appeared
before the commission recently.
Mr.. Brewster expressed the opinion
'Prohibi;ion is one Of the major
causes of crime today, both indirectly
and directly" Mr.. Anderson made
various suggestions regarding prison
administration and the passing OF
light sentences on confirmed Grim
inas.
Chief Subject of Study.
In a plan drawn up for the National
Crime commission Prof Raymond u.
Noley of Columbia University outlined
methods Of procedure which will PROB
ably be followed in large part bN the
New York commission. This plan was
followed by the Cleveland Crime COM
mission. which studied 1000 felohies
and 900 misdemeanors in ITS surNe!
of the crime situation in that city.
Among the questions Prof. MoIeH
proposes as subjects of study for the
commission are the following:
What percentage of cases when are
initiated drop out in the preliminary
hearing? In the prosecutors office:
In the grand jury? In the trial court?
How many are sentenced? or these,
how many escape punishment? What
form do these dispositions take?
How long does it take cases to pass
through the various stages of the
judicial process? How is the rate of
progress affected by continuances? Is
the outcome of the case affected by
the length of time ii takes in passing
through the courts?
Scientific Procedure.
Prof. Moley suggests these as typ
ical questions for the Crime Commits
sion's attention. BY establishing this
statistical basis he believes the com
mission will be able to answer def
nitely pertinent questions concerning
the actual course of justice. The
gathering of this material may also
serve as a basis for reform proposals
and will give a scientific background
to- the commissions work.
.e,in n1S ul. n
study of the form and organization of
police forces in the cities of the State.
The selection, training and discipline
of police officers. patrol methods and
procedures in criminal investigation
and identification and in crime pre-
vention will be surveyed.
The sherffs and constables of small
towns Will also be subjects of study
for the commission. Having gathered
material concerning the police activi-
ties, the question of prosecution will
be taken uD. The prosecutors powers,
the fitness of prosecutors for their
work, the political aspects of the
prosecutors office, the amount of work
he must do and his compensation are
among the things suggested for in
quiry by Prof. Moley.
To Probe Bail System.
The study of the State Judiciary will
inquire in particular into the bail
bond situation to determine how fire..
ouently, on what grounds and with
what results bail is granted to per-
sons accused of various offenSes. The
activities of professional bondsmen
will be studied, their public and pri-
Vate connections may be investigated.
and the business of surety compa MES
will also be taken up.
The jury system, which came in for
elaborate study by both the Cleveland
and the Missouri crime commissions,
is stressed by the National Crime
Commission as an important factor in
the crime situation. Among the ques-
tions recommended by Prof. Moley in
this respect are:
How many pleas of guilty are Sc
cured in comparison with the number
of cases tried by jury? How are juries
selected in law and in practice?
What reasons are accepted in eXcus-
ing people from jury service? If the
names used are taken from voting
lists. what effect does this have upon
the number of those who vote? Is
there a tendency TO cease using the
grand jury?
To Test Adequacy of Records.
one of the most important aspects
of the survey is expected to be that
dealing with the office records of the
various branches of the judicial Struc-
ture. Just how correctly New York S
criminal records list every step in a
case and fix responsibility for its out
come is not known. The filing methods
of modern business will be applied TO
the criminal records of the State.
Criticism of the higher courts of the
State regarding appeals is also eNpec'
ed to result from the investigation or
this subject by the New York Crime
Commission. The Missouri commits
sion studied every appeal made during
the past 10 years and gathered ma
terial which is expected to prove val
liable in reorga niZing the appeal Sys-
tenn.
PardonS. parolS, communications. in
determinate sentences and probation
will be studied by the New York com
mission. During the past 10 years eX-
eCutiVe Clemency in New York State
has been exercised twice as frequently
as during the 10 years preceding. Gov.
Smith has been almost 1000 per cent
more lenient during his four years
than was GOV. hughes during his two
terms. The causes for this leniency,
!ts justification and its effect will be
considered in detail.
Paroles to Get Attention.
Just how far the commission will go
in its study of parole is not yet known.
Prof. Moley's plan calls for an investi-
cation of a large number of paroled
cases to determine their success or
failure. A reconsideration of the fol
low-up" system has also been sug-
gested to determine how parole Off
GERS operate. what cooperation they
get from police officials and what their
success or failure is.
The American Law Institute is now
engaged in the study Of the rules of
criminal procedure in the various
States and in the preparation of a
model code of criminal procedure. The
xNnrk las alreadN made cnnSidera BILE