The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-04-19
BY MORRIS MOORE

In the laws over zealouSneSS to
protect the innocent, we encourage
and protect the guilty." said George
M. Barnard, attorney, today.
Barnard is studying the increaS-
ing crime among youths from the
viewpoint of the attorney, and has
outlined a plan of criminal court
revision which, he claims, would
protect society from the young
gunman who kills for SIS or $40"
Every possible safeguard has
been thrown about the accused and
so many Subterfuges INDUCED in his
behalf that in altogether too many
cases it has been almost impossible
to secure convictions. In too many
cases these subterfuges, have
thwarted justice.
Guilty Too Often Escape
Too much emphasis is placed
upon the Importance of the
accused's rights, and too little
given to the necessity of safe
guarding society. If he be inno-
cent, he does not need these aids;
if he be guilty he should not have
them. I deSpise and deplore the
maudlin sentiment which accom-
panies the criminal.
TOO much consideration has
been given to the njunction-'that
it is better that ninety and nine
guilty men escape than one inno-
cent man be punished The pro-
visions for safeguarding innocent
accused persons have grown out
of proportion to the accusatory
provisions and so the system has
been thrown out of balance with
the result that too many guilty eS-
cape conviction"
Barnard was discussing a survey
of The Times made in Marion
Criminal Court, which showed
that more than half the men COM
hitting crimes of violence, in most
of which a gun figures, are minors,
and that five out of six are under
Is years of age.
Would Revise Code
These figures are similar to the
results of surveys in other cities
It has led criminologists to admit
that somewhere there is bad spot
in our social system.
There must be cause-and Bar
nard sees a contributory cause in
the many ways of criminals eS-
Gaping punishment-which removes
the fear that sitter punishment
might instill.
An opposite view is taken by GER
tain probation workers, who claim
that the fear of the law does not
decrease crime. Their views have
been explained in prior articles of
this series.
AS a remdy for what Barnard
sees as weak spot, he suggests
criminal code revision.
Barnard suggests reforms in
methods of preparation of indict-
ments to avoid the loss Of so many
cases on technical flaws. Another
weak spot, he said is the method
of impanelling jury. He sug-
gests that the Judge be allowed to
ask such preliminary questions as
will divulge whether a challenge
for cause will lie, and that the
number of peremptory challenges
be cut down.
Empower State to Appeal
Another revision will be change
allowing the trial judge in Indiana
to comment upon the evidence.
"This inhibition deprives the jury
of a disinterested analysis of the
evidence by the trained mind of
one who is unbiased and impartial
and whose only motive is to further
justice"
Except in cases punishable by
death, the requirement that all
twelve jurors agree is not necessary,
in Barnard's opinion
There is no reason for our con-
stitutional provision that no per-
son shall twice be placed in jeop-
ardy for the same offense. Why
should not the right of appeal be
extended to all the people if it is
right for just one to have it? If
the court has enormously ruled
against the State and thereby the
guilty person has been acquitted,
why should not the State in the
interest of all the people have the
right to appeal to higher court
and to have these errors corrected,
and the defendant again placed on
trial?"