Evening star., 1932-02-29

strengthening of procedure in the
judicial system follows:
To the Senate and House of Repre-
sentatives:
On previous occasions 1 have called
the attention Of the Congress to me
necessity of strengthening and making
certain changes in our judi cial and law
enforcement machinery. Since then
substantial progress has been made Dotn
through improved methods of admins
tration and additional legislation. How
ever, there Is room for further improve.
ment. With this in mind in my annual
message on the state of the Union, l
stated that 1 would address the Con-
gress at later date on important mat
ters of reform in organization and
procedure Of criminal law enforce
Federal courts. The subjects are OF
highly technical character They have
been exhaustive!y examined by the De-
partment of Justice, the Commission on
Law Enforcement, and recommendations
have been made over many years by
various bar associations of the country.
Congestion in the Courts.
Improvement has been shown during
the past three years through steps taken
under direction of the Attorney Gen
eral in more efficient organization OF
enforcement agencies through congres-
sional acton in concentration Of the
responsibilities In the Department ot
Justice and through the prison reform
iaws passed by the Congress. Yet de-
spite every effort there Is still undue
l congestion in the courts in o nuntoer
of districts.
The following statistics indicate this
congestion as well as the progress
made: aI
In private litigation in the Federal
| courts in the last five years there has
been no large increase in the number
of cases commenced, but the courts
have not been able to reduce the num-
ber Of such cases pending and await
ing trial.
The number of Government civil
cases begun in 1928 was 20,695, in
creasing each year until in 1881 the
total was 25,332. Cases terminated
during this period show that the judi
cial department has kept pace with the
increase but has been unable to reduce
the congestion.
The number of bankruptcy cases be-
gun has increased from $4,000 in 1928
to IS 900 in 1881, with a steady in
crease in the number Of cases undis-
posed of at the end of each year.
|
creased from 1928 to 1881, but the num-
Der pending shows a decrease from
80, 400 at the end of 1928 to 27,900 at
the end of 1881. In 1881 alone 1000
more criminal cases were disposed of
than commenced, showing a definite
gain in this field. There has also been
a steady improvement in the quality of
the work of the prosecuting agencies.
Despite an increase in the volume OF
criminal cases begun, there has been
steady reduction In the number left
pending each year. The results at
tanned show a greater percentage OF
Convictions and a lower ratio Of dis
missals and acquittals. In 1928. 1873
per cent Of criminal cases terminated
were by verdict and plea OF guilty,
while in 1881 this ratio had increased
to 84.2 per cent. In 1928, 21.7 per cent
of criminal cases were terminated by
dismissal or acquittal, while In 1891 this
figure had fallen to 1873 per cent.
Final results of the more effective
work of the Federal agencies for en-
forcement Of criminal laws are evi-
denced by increase Of prisoners. The
number of Federal convicts in prison
institutions and on parole increased
from 1910 at the end Of 1928 to 27,871
on June 80, 1881. During the same
period the number on probation in
creased from $500 to $4,000. The total
number of Federal convicts under some
form Of restraint was 80, 800 on June 80,
1881. as compared with 22,600 on June
80, 1928. The recent reorganization OF
the parole and probation systems not
only has produced humane result, but
, has relieved an otherwise impossible
prison congestion. These gains in ef-
fectiveness have been the result mainly
of improvement in personnel, OF ad-
ministrative effort and reorganization,
and not Of reforms in judicial pro-
cedure.
I commend to the attention of the
Congress the recommendations OF the
I Judicial Conference en- the subject OF
increased personnel Relief should be
granted In those districts where private
litigants are suffering from delay
where civil and criminal dockets are
seriously congested, and additional
judges are needed
Reform in Criminal Procedure.
The extent Of crime Is and must be
a subject of increasing concern to the
Government and to every well disposed
citizen. This increase is by no means
] confined to the violation Of new GRIM
inal laws.
Some part of all crime is due TO con-
fidence. of criminals in the delays OF
the law and to their ability to avoid
conviction and to delay penalties by
misuse of the procedure and provisions
of the law intended TO assure fair trial.
This Is more manifest in procedure IN
the courts of some States than in the
| Federal courts Yet important reforms
in the Federal establishment and in
the Federal procedure are needed and
must be undertaken. Aside from its d.
rect result, the indirect result OF high
standards in the Federal courts Is OF
Nationwide influence.
Criminal Appeals.
The present procedure In criminal ap-
peals to the United States Circuit
Courts Of Appeal and the procedure in
the United States District Courts, in
preparation for appeals after verdictss
of guilty lend themselves to delay ana
unnecessary expense. With the grant,
ing of bail and the stay of execution o.
the sentence, the convicted person loses
all incentive to expedite his appeal. No
small part of the general criticism OF
the delay In criminal cases rises from
the delays in the preparation and hear
and q reform in these particulars would
be a long step in advance.
Respect for the law and the effect OF
convictions as a deterrent to crime are
diminished If convicted persons are OBJ
served by their fellow citizens to be at
large for long periods pending appeal.
All steps subsequent to verdicts OF guilty
are involved In these processes. A
statutory code of procedure on this sub
| ject would not be sufficiently flexible.
! I suggest that the Supreme Court OF
the United States be authorized to pre-
scribe uniform rules of practice and
! procedure in criminal cases for all pro-
ceedings after verdicts in the District
, Courts, and for the Circuit Courts of
Appeal, including the courts of the Dis
| trlct of Columbia The success OF the
Supreme Court in the prompt DISPOSE
ton of criminal cases brought before it
gives confidence that it will deal effec-