Evening star., 1932-07-24
UNIFORMITY URGED
IN CRIMINAL CODE.
Detroit Attorney Points Out
:. Value of New Laws for
Il Italy.
Aneeisl DISPATCH to The Star.

DETROIT Mich. July % (N.A.N.A.).
When the Democratic National Con-
vention incorporated in the party plat
form a clause demanding simplification
of legal procedure and reorganization OF
the judicial system to make attainment
of justice speedier, more certain and
less costly, it gave impetus to move
ment already established by the Detroit
Bar Association, and under way In sew
eral States, to borrow from Italy the
best features of the revision OF the
Italian code speeding up, simplifying
and strengthening the administration OF
the criminal law.
In Italy" said Anthony Maiullo, in
introducing his resolution before the
Detroit Bar Association for a national
conference of Governors to codify Amer
lean criminal law. 'Fascismo Is creating
an atmosphere in which the criminal
cannot live"
Mr.. Maiullo. as the attorney for the
Italian consul in Detroit and thus
closely in touch with the Mussolini ad-
ministration, was given every oppor-
tunity to study the new Italian code on
his visit to Rome last May. He con-
ferred with Alfredo Rocco, Italian min
lister of justice. whose name is associated
with the revision of the code; Senator
Cesare Mori. prefect of Sicily, who
stamped out the dreaded Malta in
Italys southernmost province. with
Marie D'Ameleio, president of the Su-
preme Court of Italy. and Salvatore
Ottolenghi, director of Italy's school for
the training of experts in the scientific
detection of crime.
States Asked to Help.
Mr.. Maiullo's plan, based largely on
the success of italy in controlling crime
since its new code was adopted July l,
1881 calls for the following measures:
|. That every State in the Union
adopt a criminal code and procedure
uniform with that Of every other State.
2. That the enforcement Of all crimi-
nal laws, with the exception Of those
governing nlisdemeanors. be placed IN
the hands of a nationalized military
police.
8. That all citizens and aliens be
registered.
4 That the Constitution of the United
States be amended to put these changes
In effect.
With proper penal legislation" Mr..
MaiulIo told his associates, crime can
be stamped out in America as the cara
bineri, Italy's nationalized military po-
lice. are stamping it out in Italy.
In 1921, year before Fascismo rose
to power the murder rate for Italy was
IS per 100000 of population by 1929
this had been cut to five per 100000.
But this was not enough for the Fascist
leaders.
The result of their determination to
cut not only the murder rate, but the
crime rate in general, still further was
the revision Of the criminal code.
New Code Is Simple.
This new code, in simple and sue
cint language and with only 1874 articles.
governs criminal Jurisprudence for 43,-
100000 people 1t is small enough to
slip in the pocket.
In this country the adoption of the
recommended tions of the American Law
Institute would mean that a pamphlet
of 470 sections covering only $50 pages,
would similarly simplify American juris
prudence for a population OF 10 600 900.
For a time after the adoption Of the
new code nisdemeanor cases increased.
The reason was that everybody had to
obey the law. 1t was no longer possible
to see somebody in a traffic violation
case and have the complaint fixed up
Fines were administered on the spot by
the military police and if the man fined
thought he had been Wronged it was
necessary for him to carry the case to
court in an action for the return OF the
money collected.
Chief of the reforms accomplished
by the new code was the abolition OF the
jury system as previously organized. In
capital cases. and in cases carrying
punishment of 8 years or more in pris-
on, the defendant Is tried by two magis-
trates and five citizens sitting as
mixed Jury. The death penalty has
been re-established, but only twice has
it been necessary to carry the sentence
into effect.
Prosecuting officers and judges in
Italy are appointed for life during good
behavior. They are, therefore, removed
from the probability Of being politically
Influenced.
Best Men Attracted.
THE naturalization Of the police
force has elevated police duty to the
point where the service attracts young
men from the best families. A years
preliminary training in police school
is necessary before appointment. The
carabineri are never stationed in the
districts where they were born and
raised and are never allowed, in fact,
to remain long enough in one place to
form close local associations.
mo prisoner in Italy may be placed
on probation in cases in which the pen
atty is for more than one year or,
where minors are involved, in which the
penalty Is LOT more IMAM TWO years.
Operation of probation is practically
limited, by this clause. to misdemeanors.
In cases where the court believes
that the defendant is, or is likely to be,
an habitual criminal, he is sentenced
with the provision that, when his term
expires, he may not be released until
commission appointed for the purpose
shall decide that he can go back into
society with no danger to his fellow
men. In other words, no specific num-
Der of convictions are necessary to keep
a congenital criminal in prison for life.
''Fascismo, by stabilizing economic
and social conditions in Italy, has re-
moved much Of the temptation to crime.
The Welding together Of all classes into
what amounts to a state corporate unit
has created an atmosphere in which
the criminal finds it hard to find
place.
Regulations Are Stern.
Stern regulations governing prisons
make it absolutely certain that, when
convicted, the prisoner will serve out
his sentence in the exact manner pre-
scribed by the sentencing court. If
sentence. for instance, calls for solitary
confinement and the prisoner is not
confined in solitude the warden Of the
prison goes to jail"
tCopyright 1882. b. Moth American News
paper Alliance. 1ncO