36
The Green Bag
the following pro sitions are sqiggested, elucidatory matter ing here omitte : "I. Rules of procedure intended solely to provide for the orderly dispatch of business, saving of ublic time, and maintenance of the dignit o tribunals should be distinguished carefully from rules intended to secure to the accused a fair opportunity to meet the case against him and a full opportunit to present his own case; rulin upon the ormer class should be reviewa le only for abuse of discretion and nothing should depend on, or be obtainable through, the latter class excelpt the securing of such op rtunity. ". No prosecution sho d be thrown out solely because brought in or taken to the wrong court or wrong venue, but if there is one where it may be brou ht or prosecuted, it should be transferred t ereto and go on there, all rior proceedings bein saved. “III. SUCSUODS of law conc usive of the controversy, or of some part thereof, should be reserved and a verdict should be taken subject thereto, if the questions are at all doubtful, with power in the court, and in any other court to which the cause may be taken for review, to enter judgment either upon the verdict or upon the point reserved, as its judgment upon such point reserved may re uire. ‘IV. Any court to which a muse is taken for review should have wer to take addi tional evidence by affi avit, deposition, or reference, as rule of court may rescribe, for the purpose of sustainin a ver ict wherever the error complained o is lack of proof of some matter capable of proof by record or other incontrovertible evidence, defective certification, or failure to lay the proper foundation for evidence which can, in fact,
without involving some question for a jury, be shown to have been com tent. “V. No conviction shou d be set aside or new trial granted for error as to any matter of procedure unless it shall appear to the reviewing court that the error complained of has (0) resulted in a conviction not authorized
by substantive law or (b) de rived the accused of some right given by a jective law to insure a fair op rtunity to meet the case against him or a ull opportunity to present his own.” uCriminal Procedure inigEngland." By Prof. john'iD. Lawson and Prof. Edwin R. Keedy. l journal of Criminal Law and Criminology 595 (Nov.).
cedure and make no suggestions. As a brief comprehensive statement the article should be_ valued for the information which it con tams.
Messrs. Lawson and Keedy are members of a committee appointed to investigate the question whether such methods as those employed in Great Britain are a licable to conditions in the United States. heir paper constitutes the first part of the committee report. _The second rt of the report be published in the flanuary number of will the journal.
Criminology. “Social Responsibility and Heredity." By Mrs. Ellen F. Pinsent. National Review, v. 56, p. 506 (Nov.). _ In the case of a stock tainted by hereditary insanity, we are here told, the segregation of the second generation would have stemmed the tide of disease, suffering and crime; this alone was necessary and the altruistic environmental le ‘slation of the last century has accomplishe nothing for the relief of such cases. Charts are given of several family histories. What is needed is prevention of the birth of degenerates, not futile legislation to improve their environment. "It is not too much to say that we encourage the degenerate to perpetuate themselves at the expense of the desirable citizens who are rated and taxed to supply degenerates with facilities for breeding.’ “The Classification of Criminals." By Prof. Charles A. Ellwood. l journal of Criminal Law and Criminology 536 (Nov.). Drahms concludes that all criminals should be classified under three main heads: In stinctive criminals, habitual criminals and single offenders. The writer's purpose is "to show that this classification is at once thoroughly scientific and easily ap lied," and “a necessity for scientific crimi juris prudence." "International Congress of Criminology: A Review." By Edward Lindsey. 1 journal of Criminal Law and Criminology 578 (Nov.). Six meetings have been held, which are reviewed, and the seventh will take place in Cologne next October. See Drunkenness, Periology. Crippen Gale.
The authors, as members of a committee
of the American Institute of Criminal Law and CriminologE, were commissioned last spring to visit ngland and study criminal procedure in that country. This information was gathered from rsonal observation, interview and conversation. A concise account of the judicial organization of England, together with the practice as regards bail, commencement of prosecutions, disregard of formal technicalities in the indictment and selection of juries, is presented. The authors offer no comparisons with American pro
‘
See Procedure.
“A Study in Circumstantial
Evidence." Editorial. Solicitors’ journal and lVeekly Reporter, NOV. 12, p. 42. A convincing summary of the circumstantial evidence serving as the foundation for the conviction of the prisoner. Declaration of London.
See Maritime Law.
Defamation. “When a Libel is not a Libel." By Rocellus S. Guernsey. 20 Yale Law journal 36 (Nov.). A short article on the defenses allowed in
