Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-13

Text of Report on Prohibition Problems

the long delay, unnecessary expense
and needless keeping in session Of
grand juries, which are demanded
by the present state of the law.
We think also that 1t would be
exped1ent for Congress to define the
term casual or slight violations"
Speedy convictions and certain i'm
position OF penalties are important
considerations, and are more likely
to be ef1cacious than threats Of
severe punishment rendered nuga-
tory by congested dockets overpass-
ing any possibilities of trial in the
manner constutionally appointed for
crimes Of such magnitude.
May Not BE Vital.
But this suggestion, made on
general considerations applicable to
all criminal laws, and out of album
dant caution, may not be a vital
part of the plan.
Next, to simplify the mode of
prosecution Of petty cases, we must
consider the matter of pleas of
guilty and of trials. AS the law IS,
every offender must be indicted,
must await indictment before he
can plead guilty, even If ready to
do so at once, and his case must,
is he pleads not guilty, await its
turn on the calendar, obStructing,
II 1t Is a petty case, the disposition
OF important cases. The mere &C
cumulated number Of these petty
prosecutions awaiting trial has be-
come source of embarrassment in
many Federal courts.
Section 3 of Article III of the
Constitution requires trial of all
crimes" to be by jury. The sixth
amendment provides that "in all
criminal prosecutions the accused
shall enjoy the right to a speedy
and public trial by an impartial
jury of the State and district
wherein the crime shall have been
committed"
Petty Offenses Not "Crime."
1t has been held that Crime" in
this connection does not refer to
petty offenSes. In view Of the gen.
eral holding Of State courts on
analogous provisions and Of the
concessions and distinctions made
by the Supreme Court Of the United
States IN the leading case of CAL
len vs.. Wilson, 1877 u. S. $40, 355.
557, we think it is POSSIBLE to pro-
vide for a hearing in the United
States District Court before a magis-
trate, provided trial by jury in that
court Is preserved to the accused.
But We see no need of setting I'D
special Federal magistrates. 1t
would seem entirely feasible to make
use OF the existing system of United
States commissioners.
1t could be provided that In case
the accused, prosecuted by complaint
or information, pleads guilty, such
plea may be reported by the commits
sloner to the court and judgment Of
conviction rendered and sentence
imposed by the court. Then 1t could
be provided that in case the accused
so prosecuted pleads not guilty, there
shall be hearing before the
commissioner, who shall report to
the court, and the court on examina-
ton OF his findings renders judg-
ment or acQuittal or conviction as
the case may be, and In case of con-
vtction is recommended by the COM
missioner. the accused may, within
three days after filing of the COM
miSs1oner'S report, except in writing
to the report and demand trial by
jury. Finally, it could be provided
bAAaI III ouCA1 case tIlc at
torney may elect whether to 60 to
trial on the complaint or informa-
ton, or to submit the case to the
grand jury, and that in case the
grand jury indictS the case shall
then proceed upon the indictment.
The Jones law was enacted to
make enforcement more efficacious
in two ways: (A) BY providing for
more severe penalties in the diScre-
ton Of the court; (B) by making
available the collateral consequences
of felony, such, for example, as
the rules of law applicable to pre-
vention Of felony and the capture
Of felons. This was done by making
every violation Of the national pro-
hibition act q potential felony.
Features Are Retained.
The foregoing suggestions aim at
preserving this feature of the ex-
isting law. Up to the time when the
district attorney elects how to prose-
cute there is a potential felony. In
other words, all the possibilities in
the way Of arrest and prevention
which obtain under the existing law
are conserved. But the intention is
to make 1t possible in case of casual
or slight violations" Language of
the Jones law) to prosecute as q
petty offense, thus relieving con-
gestion in the Federal courts, main
tanning the dignity of those tribunals
and making possible speedy DISPOSE
ton. AS thing are now the cumber-
some process of indictment must be
resorted to even in the most petty
case. The result Is that large num-
bers Of these cases pile up and have
IN he dicnOcad nf nThand hyy
gain day" and similar unseemly
processes.
Judge Holds Discretion.
In any case which the District
attorney elects to prosecute by in
dictment the judge will still have
the discretion provided for in the
existing law. If it is objected that
a wide discretion is put in the Dis
trict attorney by the proposed legis-
lation, the answer is that he has
that discretion already in effect,
simply exercising 1t, not in the be-
prosecutes, but later by including
any particular prosecution in the
wholesale disposition on some bar
gain dav
Thus, a few simple legislative en-
actments, in our opinion, could be
made greatly to strengthen enforce
ment Of the national prohibition law.
Such measures, making 1t more
adequate to its purposes, are sug-
gested by study of material which
has come to us from all agencies
concerned with its administration.
We think they could not in any
wise interfere with any ultimate
program which we may have to
recommend, and would in the mean
time advance observance OF the
law,
Respectfully for the commission,
GEO. w. WICKERSHAM,
Chairman.