Evening star., 1945-06-11
Traffic Death
Conviction Rate
|sExp|ained
Act Is Misinterpreted
By Some Jurors,
Diamond Soys

District Negligent Homicide Act by
some jurors, and not faulty prose-
cution, was given today by Assistant
United States Attorney John B. Dia-
mond as one reason why q larger
number Of convictions in trafic
deaths are not obtained under the
statute.
Mr.. Diamond was asked the ques-
ton while participating in q panel
In the first District
Trafnc Court Conference In the
United States Chamber OF Com
merce Building.
There is nothing wrong with the
law" he said. 1T is based on the
system used in Detroit and gets con-
victions there. Often the reason
why convictions are not obtained
here is because some of our Jurors
attach peculiar connotation to the
word homicide. They envision the
driver of an automobile which has
struck and killed somebody as going
to prison for long time, and feel
that the same thing may happen
to them"
Public Educati Needed.
Mr.. Diamond said the public has
got to get acquainted with the seri-
Gus trafnc situation here" through
education and publicity. He sug.
gested that each accident be fully
publicized on the theory that some
one is always at fault or accidents
wouldn't occur, and these faults
must be brought out.
United States Attorney Edward
M. Curran said another reason why
the Negligent Homicide Act did not
always work here was because po-
lcemen who testify during the trial
are rarely witnesses to a trafnc
death and, therefore, their testimony
is based on hearsay.
IF I could have a policeman wit
ness the death I'd get a conviction
every time" Mr.. Curran declared.
During the panel discussions Ma
than M. Lubar, an attorney, asked
Judge Brice Clagett of Municipal
Court if the present rotation system.
whereby a new judge sits In Traffic
Court every three months, was q
good idea.
Favors Rotating Judges.
Judge Clagett contended the sys-
tenn was better than having full
time judge because it gave the jur-
lists an opportunity to refresh their
views"
Inspector Arthur Miller of the
Metropolitan Police TRAFFIC Division
disagreed on the theory that the
judge who sat In TRAFFIC Court for
three months or longer got a bet
ter viewpoint and better under
standing"
The question also arose as, to
whether Traffic Court judges
should be made ex-oncio members
of the Trafic Advisers to the Dis
trict Commissioners. John J. Car
mody. president of the District Bar
Association, contended 1t was bad
for a judge to associate himself
with any civic movement, because
he should form his own decisions.
The forthcoming increase in gaso-
line probably will result in more
traffic accidents unless the public
is educated to driving regulations.
several speakers said.
Sees Black Picture.
The audience of more than 200
District and Federal officials, to-
gether with representatives of local
business, judiciary and professional
interests, heard the current and fu-
ture traffic accident picture termed
"a black one" by Norman Damon,
vice president of the Autonotive
Safety Foundation
Since Pearl Harbor," he said,
more than 10000 persons have been
killed and 100000 injured on our
Highways toll three times greater
than our battle casualties on all
fronts.
I'VE know that in at least two
out Of every three traffic fatalities
one or more violations is involved.
Thus either through ignorance Of
the law or through careless disre-
gard OF the rights of others traffic
violators expose themselves and
other drivers on the highways to
an accident" Mr.. Damon declared.
Tragedy viii Follow.
But now, within the next week
or so, gas allotments will be in
creased and probably soon after VI
day all gas rationing may be lifted"
he added. Along with the re-
ioicinc which con,oc with ~. 1;x4;
OF any wartime restriction may also
come the tragedy of a comparable
increase in highway accidents as
trafi1c volume swings upward"
He pointed out that of 1880 traffic
accidents in Washington last year,
3,225 resulted in personal injury
and SO in death.
Mr.. Damon complimented WASH
ington's TRAFFIC Court by terming it
one of the best in the country. TT
would be an excellent idea for other
cities to follow the example Of
Washington's Traffic Court judges
'"*," he declared.
In his address of welcome to the
audience, District Commissioner
Guy mason explained that WASH
1ngton's traff1c situation has not
been too acute" in spite of in
creased population, because traffic
movements have been curtailed. But
like Mr.. Damon, he agreed that
accidents are bound to increase with
production of new cars and an
increase in gasoline allotments.
Prevention Is Important.
ut Is OF the utmost Importance,
therefore, that proper steps be taken
to meet the future substantial in
crease in traffic
The all-day session is sponsored
by the District Bar Association and
Mr.. Carmody said the purpose Of
the conference "is an effort to foster
q better understanding Of local
traf1c problems among the police,
judiciary and public"
Film Producer cogney
And Wife Separate :,
By the Associated Press.