Show MANY C LS l W. W At a a recent convention of the American American Am Am- Bar Association held in Denver Denver Den Den- ver vet a very interesting of criminal took place place- placeIt It was WIS stated that ninety Per per cent of those guilty of major crimes are never convicted convicted- on account of the present ineffective system of or criminal procedure and methods of correcting this thia evil were discussed It was recommended that it should be sufficient if the complaint state in general terms term the offense charged against the defendant but the court might require a more specific accusation accusation accusation to be filed if it sees fit It is true that we have seen eVl evenin even evon n nin in our local courts COUrtl persons penona accused ot oY Crime erime distl discharged arged on account of of- faulty complaints complaints' or other fault faulty procedure on the part of the prosecuting prosecuting prose prose- officers but I think it would be Yer very poor legislation to change our present law taw in such auch a manner that the complaint need only describe describe de de- scribe the offense in general terms for example That the defendant is ia guilty of ot larceny murder perjury etc without giving him any fur further further further ther information as al to what he should do to prepare his defense To Tole le leave lee e the I matter er up to to tion of of the judge as al ft whether t a amore amore amore more particular accusation aho should be filed flied would be I think extremely dangerous The judge already has too m much uch power in these thele matters mattera I 1 have bare seen leen sj i judge fudge on Inore more than one occasion exercise his discretionary powers powen to protect his political friends and to harass hara others I think th the p pp proper proper pro pro- p per r remedy i is to permit the prosecuting prose c ting officers to amend their pleadings pleadings' pleadings pleadings' plead plead- ings ings' when necessary There should be beas beas ali as as much latitude in he these cases as as in civil ivil cases Another important recommendation tion made is that there be but six jurymen in all alt cases except murder cases and that five out of the six m Inky may y convict convict or acquit This is t to avoid having hung juries a condi condition tion which often takes place where the verdict must be unanimous We saw two such case at the last term of court at Parowan I think this is a good recommendation It was also recommended that the State have the same right to disqualify a judge for prejudice as as' as the defendant defendant de de defendant and the right to appeal from all rulings adverse to the State made by the trial judge except a verdict of not guilty These are both good provisions It f happens that the judge and district attorney are a outs for tor some reason or other usually poti political and cal and and the judge favors the d t rno other purpose than to discredit the prose It was further recommended that the judge have power not only to Instruct in In- in instruct the jury as to the law taw but may also alao comment on the evidence evidence- and character of witnesses This Thia in my ml opinion would be dangerous legisla legisla- tion We all know that jurymen give rive great weight to any thing said aid by bythe bythe bythe the Judge Under such auch a law he could practically dictate the verdict Whenever we rob ourselves of the right to take our case to the common le for P or OF tie them up UD in peep v w uv H n. n w- w such a manner that the jury is inI in inI I fact a a iri iii re we st step p back ck I to the one man system of government govern govern- ment It is la further recommended that I where an Indictment has been returned re returned reo re- turned or information filed the judge judee the prosecutor to file filea m may y require a statement in writing as to why he doesn't intend to prole prosecute cute the case is dismissed and if before the case i the judge sees fit may make investigation investigation investigation gation gation into the case and refuse to dismiss He lie may employ other counsel counsel counsel coun coun- sel to pro prosecute u It frequently happens happens In in fact has hal happened in Iron County in several leveral aces rases where an outgoing prosecutor complaints against people h his s a filed and in some instances tl has hla convicted court and an them in the justices justice's appeal taken to the District Court 4 Continued on page 8 Many any Criminals Continued from page 1 foI foj only to have the tit whole matter dismissed dismissed dis dis- missed b because aUle the incoming city or county attorney refuses to prosecute prosecute prose prose- cute or the judge dismisses the case on his own volition These matters are all framed up before election The defendant electioneers for the attorney and judge for weeks before the thel election comes comel off If thee the J Judge 4 want to take the whole responsibility responsibility re re- for dismissing tha case cle he h. continues it from term to term until a new set let of ot officers are elected and then acts on the recommendation of ot the prosecutor The inequity of such luch practices and the folly tolly of laws which permit such luch cant can't be too severely severely se Ie verely condemned The mere fact that the defendant may be a personal person person- al enemy of the prosecutor is no reason reason rea rea- son IOn why the case should be dismissed without a trial This is especially true where the defendant is I. appealIng appealing appealing appeal appeal- ing from conviction in the Flower e court While I think the L Mudge dge should refuse to dismiss the case if he thinks there is sufficient to convict yet et In practice he is usually usually usually us us- glad to see aeo th the cases dismissed ao so long as l some some me other person takes the responsibility It If a system could be worked out whereby all an the crimInal criminal criminal crim crim- inal cases pending atthe time a new set let of offices officers take office must be prosecuted by a prosecutor from some other county or district before a judge from another district I think we would eliminate some of the trou trou- ble Judges today have too much power pow pow- er Instead Instead of giving them more we should curtail them I think one of the best hest laws that can be passed M would uld be to compel a judge to grant granta a change of ot judge whenever a demand demand demand de de- mand should be made for it and doso doso do doso so within a limited number of days daYI The only serious objection to this would be that attorneys might practically practIcally practically ti-cally ti oust the j judge die troth from his bis' bis of of- hoe by demanding a change of judge in every Instance and for no good rea reason on but I nm am satisfied that this could be avoided J. J M. M FOSTER nl TM |