Page:The Green Bag (1889–1914), Volume 22.pdf/681

 Index to Periodicals Responsibility of the Insane." By Prof. Edwin R. Reedy, Northwestern University 1 journal of Criminal Law and Criminology 394 (Sept.). This is a most satisfying review of the wth of the law of the criminal responsi ility of the insane since the eighteenth century, and analysis of Princi les involved in current applications 0 the egal defense of insanity. The writer shows how the "irresistible impulse" theory has been mis understood. Criminal intent is not a constant quantit, and mental conditions that negative crimi intent in one case may not in another. The 1e a1 inquiry should be, "Did the defend ant, w ile suffering from this particular form of mental disorder, commit an act with the

intent required by the particular crime charged?" The physician alone can deter mine the defendants mental state, and the judge and jury will decide whether this mental state justifies conviction of the crime charged. Oriminel Lew. See Criminal Insanity. Criminal Statistics. "Report of Committee on Statistics of Crime." By John Koren, chairman. 1 journal of Criminal Law and Criminology 417 (Sept.). This is a most valuable re rt. The se of criminal statistics is abi;set forth, and just what such statistics should show is ex lained with much minuteness. Recom men ations for minimum requiremen's for court records in criminal cases and for legisla tion compellingireturns to a central state oﬂice are offered. T ere is an exceedingly practical appendix summarizing, by states, the system 0 criminal statistics now prevailing, and succinctly pointing out their defects. "Has Crime Increased in the United States Since 1880?" By Prof. Charles A. Ellwood. University of Missouri. 1 journal of Criminal Law and Criminology 378 (Sept.). Devoted to a close critical scrutiny of statistics from which it is not easy to draw useful conclusions. The deduction is drawn that serious crime did increase from 1880 to 1904, but that the increase apparently took place mainly before 1895. “But we are not warranted in concluding that there

649

By Bailey B. Burritt. Survey, v. 25, p. 25 (Oct. 1). Many evils of the present system of ad ministering justice are pointed out. The author declares, for example, that a short

sentence accomplishes nothing, and that in nearly all the states there is no provision for institutions to which an inebriate can be committed for treatment. See

Criminal

Law,

Criminal

Statistics,

Juvenile Delinquency, Penology. Discharged Prisoners. "Treatment of the Released Prisoner." By Amos W. Butler. President of the American Prison Association. 1 journal of Criminal Law and Criminology

403 (Sept.). Treating of release and rehabilitation, and their various forms. The operation of the systems of various states is pointed out, and the chief philanthropical agencies which seek to aid the discharged prisoner are in dicated. The workings of the parole system and indeterminate sentence in Indiana re ceive some attention. Results show that the discharged prisoner can be aided, and what

is now necessary is to educate the public to appreciate how much more can be accom plished by wisely directed effort.

lquity Jurisdiction. “A Glance at Equity Jurisdiction in

Certain

Lines, and

at the

Question Whether it is Duly Appreciated." By Thomas Dent. 71 Central Law journal

203 (Sept. 23). This is a critical discussion of the case of Strawn v. Trustees of the Jacksonville Female Academy. 240 Ill. 111, involving the jurisdiction of probate and chancery courts in deter mining the effect of a devise in a will. The writer, urging his criticisms with admirable moderation and with a skill worthy of atten tion, emphasizes the importance of breadth

of view on the part of chancellors in determin ing the bounds of a jurisdiction which local trlbunals are only too apt to lop off. lvidence. "Shall the Legal Presumption of Innocence be Regarded, by the Jury, as Evidence." By Melville Peck. 16 Virginia Law Register 340 (Sept.). Greenleaf answers this question in the

has been no increase since 1895, on account

afﬁrmative, Wigmore in the negative.

of the increasing use of probation and parole and on account of increasin leniency and possibly the increasing ine ciency of our criminal law and our criminal courts as instruments for the repression and cure of crime. Perhaps even more must we conclude from this study that our statistics of crime are utterly inadequate for scientiﬁc purposes, and that a ﬁrst ste in the study of crime in this country sh d be to secure the collec tion of more adequate statistics, either by the Census Bureau or by the Department of Justice."

writer submits that "Greenleaf is right and that Thayer, Wigmore, and the Elliotts have made criticisms without sufficient foundation."

Criminology.

“The Habitual Drunkard."

The

Family Relations. See Juvenile Delin quency. Fisheries Arbitration. “The Fisheries Award."

By

W.

T.

Stead.

Independent,

v. 69, p. 699 (Sept. 29). A lucid summing up of the main features of the award, with an interesting résumé of the conduct of this arbitration at The Hague.