Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-09
REVISED CRIMINAL
| LAW AIM Of JUR|STS
American institute of Law
Striving to Clarity Conflict
ing Court Opinions.

A double headed study involving q
proposed code of criminal procedure and
a restatement of the law for the pur-
pose of clarifying and simplifying con-
fiicting court opinions based on the COM
mon law was under way today by the
American Institute of Law, embracing
in its delegates approximately 500 nigh
justices, judges and lawyers constituting
the brains of the legal profession.
A drastic revision of the Nations
criminal code, designed to unite a score
of knots now hindering the movement
and administration OF justice, stood
partially approved early today as COM
mittee of experts and interested men,
bers of the bar resumed consideration
of the problem with view to expediting
final report on the code before the
institute adjournS tomorrow.
Draft Of Code Long Considered.
The criminal code represents four
years OF labor on the part of the COM
mittee and the restatement of law, in
volvng even more exhaustive study, is
| the result of seven years labor. Debate
on the latter this morning developed an
amazing lack of accumulated factual
data on such highly important subjects
| relating to business as trusts, estates.
contracts and the like. Joseph H. Beale
of the Harvard Law School, acting as
reporter for the institute, assisted by
committee of advisers. submitted the
draft of the restatement.
| The Importance of the work Is ac-
centuated by the existing confusion of
| the law and the practical Importance
| of the subject in a country with AZ
! States involving numerous confllcting
interpretations.
AS pointed out by the president of
the institute, George w. Wickersham,
the tremendous task in law revision I'M
! dertaken during the past seven years
and which will continue for 10 years
more. Is designed to serve as model
| for State Legislatures in the hope that
the States generally will eventually
adopt uniform codes that would do away
with the present-day confusion in the
administration of justice. The whole
work, when completed, will comprise %
volumes of between TOO and 800 pages
each and will cost more than $l,50O,0o0.
Recommendations Approved.
Among the approved recommended
tons are: The selection of extra jurors
| in protracted strialS, to eliminate retials
because of sickness or death on a jury.
The examination of jurors by the
| judge, rather than by the opposing
| counsel
| Permission to defendants to waive
| jury trial in all but capital cases.
This latter recommendation drew
| from Judge Samuel Seabury of New
York a suggestion that 1t encroached
! on somewhat dangerous ground. A
motion was made to omit the chapter
but it was lost. In replying to Judge
| Seabury's objections, Edwin r. Keedy,
| a member of the drafting committee,
! pointed out that a number of States
already permit the waiver of jury trial
with the consent of the defendant ex-
pressed in open court, except where a
sentence of death may be imposed.
! Other recommendations approved by
! the institute included: Issuance of a
summons instead of warrant of arrest
| in minor cases.
Provision for admitting material wit
| nesses to bail and for releasing such
witnesses after taking their dispositions
in case bail cannot be given, thus elimi-
mating long jail confinement.
Provision for prosecution of an in
| formation filed by the prosecuting at
| torney in cases which now must be
prosecuted by an indictment of the
grand jury.
Simplification of the form Of indict-
ment to prevent guilty persons from
escaping conviction through errors in
charging the offense.
Major Issues Considered.
Among the major recommendations of
/ for inclusion in the final report are:
| own experts, not connected with either
prosecution or defense, to determine the
| issue of insanity in criminal cases.
TtIru verSjptS m loSS than I'm 11ir10iiS