New Britain herald., 1927-02-07

upon the evidence: they have always been allowed to give their opinion as to the credibility of witnesses. Eng
 fish judges also have always exer-
 cised this privilege. There is no sign that either federal or British crimin- al procedure is inferior to the judi cial procedure in some of our states. The truth is, there is no comparison.
 What stimulated thought in con- nection with the states judicial sys- tems was an article in the Review of Reviews written by Edward Beach Howell, a noted lawyer. The article is headed, inefficient Courts and the Crime Wave" It clearly in- dicates that the courts themselves are more than partly to blame for the wave of crime we have been having of late years. The article is convincing.
 The state system of muzzling the judge Is only one of the defective points enumerated. Punishment, the lawyer says. to be effective must be certain, and not necessarily severe.
 "An important discovery in my school work was that, for punish ment to be effective, it is more im- portant that it should be certain than that it should be severe. The teacher fraction of rule and pu1ishes with moderation and firmness will have good order: while the teacher who overleoks nine infractions, only to punish with excessive severity the tenth, will have chaos"
 The worst defect in American jurisprudence, he adds. Is the lab surd line along which the jury sys- tenn has developed.
 Tt has come 10 be considered that the man who has heard something about the case and formed an opinion as 10 its merits Is thereby disqualified to be a juryman. Knowl- edge of the facts should no more dis qualify the jury than. 1t does the judge. Numerous peremptory challenges arc allowed; the prescott tion uses these to eliminate the low brow iurymen. and the defense uses them to get rid of the high brows.." ."'
 The writer says he is not a thick and thin admirer of things English, but on a visit to and investigation of methods in Old Bailey, the seat of the criminal court that tries all crimes and misdemeanors committed within the city and county of Lon- don, the county of Middlesex and some parts of Essex, Kent and Sur rey-a population of more than eight million people--ERs an eye opener. There are only fcUr depart ments in this court; and it admin isters justice so quickly and eff cjently that Americans can well ponder and learn. What is more, 1t deters crime; there Is no doubt about it.
 Tn response to my question as to what extent British judges are per mitted to comment on evidence. the replied in substance as follows" writes the visiting Ameri- can lawyer.
 From our point of view that Is | their job the under sheriff declar- ! ed. The attorney for the Crown | talks to the jury, giving hts own in- of the evidence. Then | 'he attorney for the defense an- swcrs, contcnding for the opposite | interpretation. The jury are left be- wildered. Thereupon the judge inn partially sums up the evidence, call ing attention to the most salient and trustworthy, explains the legal prin- ,iples involved, and extinguishes the froth of counsel The judge never falls to remind the jury, how aver, that his comments are only ad- l eisory, and that they are the final | judges of the credibility of evidence.
 "A fair test of the virtue of this | system is the way it works. Does it | operate to convict the innocent, or | 0 cause other miscarriages of jus ice? l asked the under sheriff if de- convicted of crime often | of the injustice of their | He replied that such | are rare. They came us lally from those most deprayed.