Evening star., 1940-03-03

III 81 OF dunOSL nail OF the negu-
gent homicide cases, Police Court
judges issued directed verdicts of
not guilty, while an identical num-
ber were acquitted by juries. The
remaining seven cases were nolle
pressed by the prosecution. Only "a
or 22.86 per cent of the los defend
ants were convicted. OF these, eight
defendants pleaded guilty, making
q formal trial unnecessary.
Is Act Accomplishing Purpose?
On the basis of these figures, it
may be doubted whether the Negli-
gent Homicide Act is accomplishing
its purpose. AS originally drawn in
June, 1885, the measure was in
tended to fill the gap between the
charge Of reckless driving and the
charge of gross negligence or man.
slaughter placed against a motorist
in a trafic fatality, implying utter
or wanton disregard for the rights
of others. It has evidently failed to
fill that gap satisfactorily, however,
when a motorist who parks overtime
or who knocks over lamp post is
almost certain to be punished, while
the driver who is at least partially
at fault in a traffic death is likely
to go free.
This raises the following questions:
Is the law at fault? Or is it the
fault of the prosecution?
In some quarters, it is felt that
the trouble lies in Interpretation of
the law. 1t is claimed that the
Police Court judges construe the
law to mean that defendant is to
blame only if wanton negligence can
be proved. Persons with this view
point point to the number of di-
rected not guilty verdicts by the
judges.
Prosecutors Take Another Tack.
Prosecutors In negligent homicide
cases, however, construe the law to
mean the defendant should be con-
victed if proved guilty of -contribu-
tory negligence and lately have
pressed to obtain conviction under
the law.
In this connection, Assistant
United States Attorney David Hart
has suggested that one member OF
the Homicide Squad and at least
two members of the Traffic Bureau
be detailed to negligent homicide
cases only and that they follow each
case through until 1t is disposed Of
in Police Court. This procedure.
Mr.. Hart explained, would train
these men in that particular field
and would result in more accurate
and reliable" testimony before a
Police Court jury.
In addition. he advocated the
drawing of map or chart by police
of the exact location of each fatal
accident. At present, "very few"
police do this. he said.
Asked for details on the seven
cases nolle pressed. District Attorney
Dayid A. Pine explained that they
occurred before he took Office in
January, 1888. He said that when
he became district attorney he is
sued an order that no nolle PROSE- be
introduced in any negligent homi-
eide case and that all such cases be
prosecuted.
500 Convicted in Other Cases.
The relatively small number of
convictions obtained in negligent
homicide cases compares with an
30 per cent conviction record in
other criminal cases over q similar
period of time. including those
nolle pressed, or 80 per cent exclud-
ing nolle pressed cases, according to
Mr.. Pine. He declined to comment
on this sharp difference in convic-
tions.
A study of the 81 negligent homi-
eide cases handled by Police Court
during 1899 reveals the following:
Before Judge Edward M. Curran: