IMPROVING THE MACHINERY OF JUSTICE
IMPROVING THE MACHINERY OF JUSTICE ACROSS section of the minds of the plain people will show that the delays, uncertainties and miscarriages of justice of American courts constitute a deep-seated...
...Great openmindedness was exhibited by the men of the bench and the bar and everyone seemed willing to consider a proposal on its merits...
...In view of the great, diversity of opinion among the men of the bench and the bar regarding the way in which this or that provision will work, it is possible that a solid ground for advance would be found only when every feature in the system of administering justice has been subjected to close scrutiny and statistical measurement of results by a man of scholarly pur pose...
...The slogan of the Conference was that within five years Wisconsin must be recognized as the leader of the Union in the excellence of her system of criminal justice...
...The committee to whom was referred the trial of the issue on insanity fully realized the scandals of "expert" testimony when experts are called by the opposing sides...
...The committee dealing with the treatment of offenders took strong ground in favor of adult probation parole and the indeterminate sentence...
...The Conference recommended that the movement for reform in the administration of justice be spread by means of state conferences...
...This committee also asked that the whole question be held over for further consideration...
...After about four hours' consideration each of these committees framed a report and in due order it was presented to the Conference...
...The Committee on the Causes and Prevention of Crime dwelt on housing, liquor, play-grounds, moral education of the schools and asked that the question of sterilizing the hereditary vicious be referred to an interim committee...
...They suggest co-operation of the states so that the necessary witnesses may be secured under subpoena from another state...
...President Taft, with his long judicial experience, gave voice to the profound popular dissatisfaction when he said recently, "The administration of criminal law in this country is a disgrace to our civilization...
...The Committee on Trial Procedure took strong ground against "the third degree" by which the police are accustomed to wring confessions out of accused men who have no friends...
...Nobody charges the officers of justice with either corruption or incompetency...
...Prior to the meeting a large number of questions had been submitted to eight working committees...
...In nearly every committee it was found that great difference of opinion existed and in nearly every case the committee asked for the reference of some of its problems to an interim committee...
...There is not the slightest doubt that the state can be brought to this high place if the present movement is pushed foward with zeal and public spirit...
...The Committee on Organization of Courts recommended thai all criminal jurisdiction be taken from justices of the peace and vested in one municipal court at the county seat of each county which may, however, do business at other places in the county or, if the business of the county is not sufficient to justify the creation of a municipal court, such a jurisdiction be given to the county court...
...Last June there met in Chicago, at the instance of Northwestern University, a National Conference on Criminal Law and Criminology...
...There is no blacker pessimism than this, for a man who believes there is no justice to be had under our system of property rights cannot but become a deadly enemy of the established order...
...It is the system that is at fault and measures, not men, are needed for improvement...
...to be paid by the county who shall examine the defendant and shall be examined in chief by the presiding judge and thereafter by the state and by the defendant...
...IMPROVING THE MACHINERY OF JUSTICE ACROSS section of the minds of the plain people will show that the delays, uncertainties and miscarriages of justice of American courts constitute a deep-seated source of irritation...
...The Committee on Juvenile Offenders urged that all young delinquents should be taken care of in a special court with a special procedure...
...Many questions were threshed out, several problems were re-'ferred to interim committees, and the American Institute of Criminal Law and Criminology was founded...
...One part of the committee felt the whole question of mental condition ought to be left to a commission of experts but the committee compromised in recommending that, when insanity is pleaded in criminal cases, the trial judge shall appoint a commission of three physician...
...Committees Recommend Changes THE Committee on Jury recommended that in the case of sickness or incapacitation of a juryman less than twelve might be authorized to render a verdict...
...Wisconsin has the honor to be the first state in the field...
...One hundred sixty-five members attended...
...On November 26 and 27 about one hundred judges, lawyers, social workers, physicians, clergymen, editors, and administrators met in Madison at the state university in order to consider how best to improve the system of criminal law and administration...
...The reason why the reforms achieved in Wisconsin not only stand but are adopted in other states is that they have been based upon scholarly know] edge...
...Request University Regents to Act PERHAPS the most interesting suggestion that came from the Conference was the request to the Regents of The University of Wisconsin to consider the advisability of establishing a professorship for the comparative and critical study of the results of the operation of remedial law...
Vol. 1 • December 1909 • No. 49
