The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-03-15
Liberal Viewpoint
by DIR. HARRY ELMER BARNES

by DR.. HARRY ELMER BARNES
NEW YORK State is taking its part in the
current drive against crime Important in
this program are the proposed constitutional
amendments and bills which Atty. Gen. Bennett
has introduced in the hope Of coping more
effectively with the crime situation in the En-
pire State Some are good, some are bad, and
others indifferent.
One of the proposed constitutional amend
ments would permit the defendant to waive his
constitutional right to jury trial and be tried
by Judge About 90 per cent of the indictabIe
cases in England are tried in this manner, and
the procedure is also being used today in more
than half dozen American states
From the standpoint of getting the facts on
the case this is certainly preferable to the bur-
esoue of a jury trial. The legal rhetoric and
horse play now so common in the latter type OF
trial would be greatly limited and restrained II
the attorneys involved had to face an intelligent
and self-respecting judge instead of the typical
jury.
Further jury trial is now actually being Sus-
pended in a great number OF cases through the
exCedent Of allowing the accused person TO plead
guilty 10 lesser OhenSe.
This is obviously undesirable in every case.
It permits a guilty person to escape the full
responsibilities of his act while it often induces
an innocent party to feign guilt rather than take
his chance on the outcome of an uncertain trial.
Trial before a judge ought to discourage this
sort of procedure The real solution is of course,
the ascertainment of guilt by paid and per-
manent body of experts but trial by judge is
certainly step in the right direction.
A RELATED and equally commendable con-
N stitutional amendment proposes the termi-
national of the requirement OF unanimous
verdict in order TO establish guilt. ms
amendment provides for verdict OF guilty
in case 10 out of the II members OF the jury
vote that the defendant is guilty. Such an
amendment would make it impossible hereafter
for one dumb perverSe or crooked juror to OBJ
struct the whole course of criminal justice in an
important and expensive criminal case.
ANY serious objection to such procedure Is
removed by the fact that the amendment is not
intended to apply to cases where the death
penalty is involved. 1t probably would be bet
ter if this exception had been omitted. But to
have done so would probably have made 1t I'M
possible to pass the amendment.
The third amendment would permit the trial
of an accused person without the necessity OF a
formal indictment by a grand jury. Inasmuch as
the grand jury is even less defensible in our day
than the trial jury anything which weakens the
prestige and operation of this archaic machn-
cry is heartily to be commended.
Among the proposed bills designed to faclll-
tate efficient execution of criminal justice sew
eraI are as thoroughly worthy Of support by any
thoughtful criminologist.
THIRST and foremost would put the bill which
L proposes to do away with the almost auto
matte exemption of all intelligent and trained
persons from jury service. So long as we go
through the form of retaining jury trial, we
should get the best possible talent on our juries.
No Law jury can possibly be satisfactory, but
certainly a dozen intelligent amateurs are surely
to be preferred to IL illiterates or dumbbells.
Desirable also would be the passage OF the
bill allowing a prosecutor to comment on the
failure of the defendant to testify and of another
bill to prevent the sudden springng OF an abb
without due notice and, nothing would do more
to reduce the present element of farce IN our
Jury trials than the passage of the bill making
it more feasible to prosecute for perjury on the
part of witnesses.
Very dubious however are two proposed olllS
one of which would virtually allow judge TO
take the case out of the jurys hands, and the
other of which would make easier and more
certain the bounding by police of convlcts VINO
were making serious effort to reform. If we
want trial by judge, let us have 1t honestly ana
get rid of the jury altogether And until police
are more interested than they are at present in
the reformation of convicts, it is dubious pro-
cedure to facilitate further their bounding
tactics.
All in all, the Attorney-General is to be COM
mended for his failure to surrender Whole~heart-
edly to the present hue and cry for return to
savagery ana mob justices.