Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-11
Model Code of Criminal Pro-
Cedure Is Completed
After 4 Years.
WICKERSHAM SUPPORTS
REFORM SUGGESTION
Stubborn Minority Insists Upon
Unanimous Decisions in All
Cases, Protesting Speedy Vote.

Final approval by the American Law
Institute of a model code of criminal
procedure, embodying among various
radical departures from prevailing
practice a recommendation that jury
verdictS on less than unanimous agree
ment be allowed in other than capital
cases, marked the closing session of the
institute yesterday.
Before the code could I've adopted as
whole, it was necessary to override a
stubborn minority, which opposed in
cooperating in it this sweeping proposal
for jury reform and offered as a SubSti-
tute for the controversial section a re-
quirement for unanimous verdictS in
all cases.
Supported by George w. Wickersham,
chairman of the Hoover Law Enforce
ment Commission, and other leaders in
the reform movement, the institute up
held the action of its drafting commit
Aee and defeated the motion to strike
out the section by a vote of 70 to .6
The section, as finally approved
makes this recommendation: I'm
capital cases no verdict may be
rendered unless all the jurors concur in
1t. In other cases of felony verdict
concurred In by five-sixths of the
jurors, and in cases of misdemeanor a
verdict concurred in by two-thirds of
the jurors may De rendered.
Criminal Lawyers Opposed.
Opposition to the reform move, COM
ing chiefly from criminal lawyers, was
based on the broad ground that it would
require constitutional amendment and
enactment by all but five States which
now more or less meet the provision.
Frederick w. Mansfield of Boston
warned the lawyers against "blindly
q m Aoff ~
importance without being granted an
opportunity to digest 1t thoroughly
George E. Crothers of San Francisco
a former judge, declared the divided
verdict to be the most Statutory section
in the whole code.
1t was stressed that in States where
a jury may consist of less than IL. some
other proportions may be thought ad-
visable.
The new code is the result of four
years labor
the code was in connection with re-
vision that would permit appellate
courts to increase sentences as well as
to reduce them. The recommendation
was designed to apply only to appeals
made by defendants on the ground that
the original sentence was excessive.
The institute struck out the proposal.
Other Provisions Important.
Other important provisions of the new
code approved among the sections
adopted yesterday provide:
New procedure to determine mental
condition of the defendant
Trial by jury waived by defendant in
all but capital cases. In jury trials,
jurors may be examined by the Judge
rather than by opposing counsel to save
time
Summons instead of warrant of arrest
recommended as initial proceeding in
minor offenses.
Admission to bail discretionary, except
in more serious offenses, where defend
ant has forfeited bail or is charged as
second offender.
Prosecution by information instead of
by indictment.
Simplif1ed form of indictment and
procedure for pleading.
Provision for trial where offense is
committed in or against an aircraft
while in flight.
In protracted trials, extra jurors may
be selected to avoid the necessity Of
another trial in case juror becomes ill.,
becomes i'll.
HITS POLITICS IN JUDICIARY.