Evening star., 1943-02-27

Judicial Conference Hear.
Of Changes Proposed in
Correction System
A crime correction program, pro-
viding for far-reaching changes in
the present correction system in
Federal courts and an elaborate re-
Mobilization program for youthful
prisoners. will be presented to Con-
gress shortly, Justice Bolitha j. Laws
of District Court said yesterday.
Justice Laws outlined the report,
based on year-long investigation
made by seven Federal judges, at the
afternoon session of the second day
of the third annual District Judicial
Conference being held in the court
room of the United States Court OF
| Appeals.
The conference concludes today
with judges of the appellate tribu-
nal and District Court meeting in
executive session.
Justice Laws revealed that al
though the District is not brought
within the proposed law, it is be-
ieved Congress will make the sys-
tenn available here if the proposal
meets with the success which Is an
ticipated.
Budget Factor Causes Decision.
He said the committee which
studied the problem decided that
because of budget problems which
always arise when the District is in
volved in Federal program, the
practice OF separate treatment" Of
the Nations Capital with respect to
crime correction should be followed.
Briefly, the crime correction pro-
gram contains the following sugges-
tions for the handling of adult Of
tenders: In cases where the Judge
concludes the offender should be
imprisoned for a year or more,
definite sentence is not imposed but
the offender is imprisoned, given
personal study and observed by
trained personnel.
>. The study and investigation after
sentence rs made under direction Of
board Of corrections, which, within
six months, must make written re-
port Of its findings and submit a
recommendation to the Judge Is to
a definite sentence to be imposed
In imposing the definite sentence,
the judge is not bound by the rec
ommendation of the board.
Permits Detailed Study.
The period of study, Justice Laws
said, will make possible a more de-
tailed investigation concerning the
offenders case, his former surround
ings and history than was possible
in the limited time available for pre-
sentence investigation.
Provisions also are made for the
handling of youthful offenders, de-
fined by the proposed law as those
between the ages of Is and "a years.
These provide for the setting up of
youth correction division of the
Board of Corrections and the COM
hitting of youths, at the judges dis
cretion, to this division. After COM
mitment the youth is studied for 30
days, following which he may be re-
leased under supervision or allocated
to the type of institution, farm or
camp which seems suited to him.
Justice Laws pointed out that a
Federal indeterminate sentence law,
which has been approved by q ma
jority of the House Judiciary Com
mittee, would have the effect of
taking away from judges the fixing
of all sentences where the term to
be imposed is more than one year.
While many believe the solution
of the problem of bad sentencing Is
to take the power of sentencing
away from judges" he said, our
committee recommends against it."
Justice Pine Sees Objection.
Justice David A. Pine challenged
Justice Laws suggestions on the
grounds that the proposal would
place the program of rehabilitating
criminals ahead of the deterrent
objectives of criminal punishment,
thus lessening the protection Of So
ciety against crime.
A second speaker in the afternoon
session was H. Winship Wheatley,
who discussed the subject of I'M
provement in the Federal Jury Sys-
tenn" pointing out various recon-
mendations made by the committee
which studied the jury problem.
He advised a uniform standard for
all Federal jurors
One phase of this proposal-deal-
ing with QUESTIONABLE to be sent
to prospective jurors by the United
States jury commissioner-also was
attacked by Justice Pine on the
grounds that the questionnaire is OBJ
jectionable because it may tend to
eliminate jurors who are not of the
better element"
Perhaps persons who have a
| certain minimum amount of school
| ing and who own real estate and
have no judgments against them and
have never been parties to a per-
sonal injury suit and whose spouses
are employed in the right occupa-
ton may be the kind of jury you
and I would prefer, but is it the kind
of jury the Constitution contem-
plates?" the justice asked.
Il do not think such a jury would
be truly representative or a cross
section as the Supreme Court has
very recently held, and I do not be-
lieve that the poor, illiterate, under
privileged man who has never had
the advantages of schooling =
who is not classified among the bet
ter element should be deprived OF
at least chance to have some one
on the jury who might understand
his point OF view and his outlook or
life"
Other speakers, whose topics GOV.
cred Lawyers in the War Effort,
| were Robert p Smith of N. p;r