Page:The Green Bag (1889–1914), Volume 23.pdf/416

 The Legal World New York Branch of American Institute of in the conduct of criminal trials which have made the trial by jury in this Criminal Law and Criminology Founded country, and especially in the West Six societies joined in a Conference

on the Reform of the Criminal Law and Procedure was held at Columbia Uni

ern states, an entirely different institu

Taft was the most distinguished speaker,

tion from what it was understood to be at the time of the adoption of our Constitution." At the opening session of the Con

and his address, delivered at Hotel Astor

ference Charles C. Nott, assistant Dis

on the evening of the second day, was notable. He made some striking re marks on the recall of the judiciary. Regarding the diﬂerence between crimi nal procedure in England and in this country, he said: —

trict Attorney of New York County, made an address on “The Eﬁects of the Twice-in-Jeopardy Principle in Criminal Trials." The discussion was led by Jus

versity on May 12 and 13.

President

“I believe it to exist in the character,

experience and learning of the judges, in the power which they maintain and exercise in the course of the trial for the saving of time and the simpliﬁcation of the issues and in the respect and obedi

ence given to their intimations from the bench as to the proper behavior of coun sel in the conduct of the case. “I wish to comment on the effect that the change in the power of the judge in

tice Francis J. Swayze of New Jersey.

Other speakers at the Conference included Judge Julian W. Mack, who discussed “The State and the Child"; William M. Ivins, who spoke on the nature of crime; Prof. Franklin H. Giddings, who discussed “The Relation of the Criminal to Society"; Dr. Carlos F. MacDonald, who considered expert evidence in crimi nal trials, Professor Felix Adler, who talked on “The Ethics of Punishment";

fy the issues, and upon the methods

Col. Nathan William MacChesney of Chicago, president of the American In stitute of Criminal Law and Criminology, Francis J. Heney, Howard S. Gans, Prof. John Bassett Moore, Chief Magis trate McAdoo, Supreme Court Justice

of counsel for the defense and their

Alfred Page, Arthur W. Machen, Jr.,

conduct in the court room.

and Edwin R. Keedy. The purpose of the Conference was

this country in the matter of the man

agement of the trial has had upon his ability to shorten the trial and simpli

One of the

strongest inﬂuences for looseness in criminal trials, in my judgment, has been the presence of lawyers in our leg

to lead the way to the formation of a

New York branch of the American In stitute of Criminal Law and Criminology. Professor George W. Kirchwey of Colum and to take away from them this source bia will be the ﬁrst president of the new of respect for their rulings which is so organization after its incorporation. apparent in every English court of jus The six societies joining in the Con tice. What I believe to be an un ference, the meetings of which were founded fear of judicial tyranny and an open to the public, were the Academy islatures who have sought to abate and limit by statute the power of the judges

unreasonable distrust of judges have led to statutory limitations upon their power

of Political Science in the City of New York, the American Institute of Crimi