Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-18
TAFT STANDS BEHIND HOOVER
INLAW ENFORCEMENT CRUSADE
Stalwart American Jurist Deplores Evils
of Present System and Urges Changes
to Block Crooks.

with reference to case in hand have
been muzzled partially or wholly, while
counsel for the prisoner have been
given wide latitude to becloud the issue
with irrelevant testimony and impas-
stoned oratory.
THE judges are more restricted in
other courts. The truth is that the
American people in many States have
distrusted the judges and preferred to
let the juries wander about through
wilderness of evidence, without judicial
suggestion or guide, and often to become
subject to an unfair and perverted
presentation by counsel of the evidence,
leading to defeat of justice.
Appeals Considered Fair.
"The chance of conviction of innocent
persons by jury of IL men through
judicial conduct and tyranny must be
minimized by fair review on appeal.
But the danger is not sufficiently great
to require that the reins be thrown on
the back of the Jurors, to follow their
own sweet will in their conclusions.
They constitute the tribunal to pass on
the facts, and they are the ultimate
Judge of the facts. But the Judge is
there and, with his experience, it should
be his sworn duty to help the jury to
consider and analyZe the evidence and
weigh it with common sense"
Chief Justice Taft contends that one
of the curses of American jurisprudence
today is the prevalence of incompetent
juries. Our system of selecting jurors
by which defense counsel is enabled
virtually to choose his own panel
through use of an inordinate number
of peremptory challenges, is not con-
ducive to proper administration of
Justice, he holds. Under this system the
best citizens may be excluded from the
Jury box and their places filled by jurors
of questionable responsibility.
Reforms Are Listed.
For all Of these and other abuses the
Chief Justice has proposed list OF
reforms He has outlined these recon-
mendations many times during his long
career in public life. and he is con-
tinuing to advocate them.
He eptomized them thus to the Crime
Commission:
I'VE need more policemen in most
cities and we need more constables In
the rural regions of the States
I'VE need legislation to secure
prompter information or indictment
ana prOmpCeT tTidIS.
I'VE need legislation to reduce as
much as possible the opportunities OF
counsel for convicted men to delay a
review and final disposition OF the
cases.
1--WE need legislation that shall render
impossible new trials except for real
injustice in trial.
I'VE need legislation to enlarge the
power of the judges to guide the trial
and to help the jury In understanding
the evidence and in reaching its con-
clusion upon the evidence.
Exemptions Should Be Decreased.
There will have to be a further
examination of the methods by which
! Jurors are selected. The method of
selection ought not to be such that
counsel for the defendants, by ex-
cluslon of worthy citizens from the
panel may select jurors OF weak intel
! ligence, of little experience and subject
to emotions easily aroused.
Exemptions from jury service ought
to be cut down, and society ought to be
able to secure a jury that approaches
the issues with sense of its obligation
to enforce the law without fear or
favor, and with intelligence enough to
learn from the judge what the law is
and to weigh the evidence with ref
erence to It's violation"
The Chief Justice believes the Ameri-
can people may have become so en-
crossed in the commendable work of
reforming criminals as to, lose sight OF
the necessity for reforming the laws
which convict them.
I'VE are all in favor Of measures
which will induce criminals to become
law-abiding citizens" he says, "but we
must never forget that the chief and
first object of prosecution of crime is
| its deterrent effect upon future would
be criminals in the protection of society.
We must not allow our interest in Grim
inals to 60 to the point of making effec-
tive prosecution of crime and its punish
ment subordinate to schemes for reform
of criminals, however admirable they
may be-
Chief Justice Taft hopes the decision
of President Hoover to appoint drastic
law enforcement commission heralds
the ong-anticipated revolution of So
cietv against lawlessness, attended by
far-reaching reorganization of the whole
structure of Jurisprudence.