Abatement, plea in,96Acquittals, table of percentages of,175,176,177of women,299,300danger of, by lawless jury,340-344"on ground of insanity," meaning of,352Adams, "Al,"319Alabama, test of criminal responsibility in,368Alibi, use of perjured evidence to prove,224,225Ammon, Robert A., and "The Franklin Syndicate,"25,26Appeal, from magistrate's decision,47number of appeals so taken,47no appeal by aggrieved person if magistrate discharges,47few appeals from Special Sessions,62unfortunate that prosecution cannot appeal on verdict of acquittal,186,337defendant has right of,337reversals on,339,340Archer, Agnes, case of,301Arrest (see Chapter III), right of citizen to arrest, despite common belief,33right to, ordinarily left to police,33anyone may arrest for crime committed in his presence,35no one may arrest for felony without his view, unless felony committed,35difference in citizen's and officer's right to arrest,35,37police construe their right to arrest more broadly than law permits,35example of above,36right of police to arrest at night under New York Criminal Code,36force permissible in making arrest,38cases in which the power may be abused,38Arrest, power to arrest to be exercised with discrimination,40,41the first step in procedure toward conviction,42after arrest prisoner taken before magistrate,42on bench warrant if indicted by Grand Jury,42on suspicion illegal but necessary,43number of arrests in New York County in 1907,46table showing nativity of those arrested,46Arrest of judgment, motion for,269Assault, power of magistrate should be extended to punish simple assault,49Autrefois Acquit. See Pleas.Bail, in case of misdemeanor may be assessed by sergeant on duty,42right of accused to, except in case of murder,85bail cases not tried in summer,126forfeiture of,127,128recommendation for discharge of,170"skipping" bail,317Bauman, case of,323Bench warrant, indicted and arrested under,42Blindness, "An Act for the Prevention of,"15Branding,266-268,278Breach of peace,49"Bridge of Sighs,"115Capital punishment, no woman has suffered here in two decades,299cases of, comparatively rare,246Challenges, number of peremptory in homicide cases,215reduction to reasonable number desirable,325,346in larceny cases,346Cherry, "Tom,"73,74Cignarale Chiara, case of,299Clancy murder case,325Code. See Statutes and Criminal LawCohalan, Daniel F.,216Commercial Crime. See CrimeCommission, to take testimony without state,123application for, to take testimony for purpose of delay,315right to take such testimony confined to defendant,315motion for,317to determine present mental condition of an accused,369-72to determine mental condition at time of offense,369-76desirability of such being permanent and salaried,373,374Commutation, of sentence for good behavior,273how determined,273periods of, (note)273distinguished from indeterminate sentence,274Complaints, in Court of Special Sessions,63or informations, ancient form of,89Confession, not sufficient to convict without corroboration,330Contempt of court, practical inability of New York courts to punish editorial contempts,347defined in Penal Code,348Convictions, proof of prior, admitted for what purpose,148,166table showing percentages of,175,176too few,177of innocent men almost unknown,247,336of women indicted, in same proportion as men,299,300County clerk, grand jurors drawn by,358"County Detectives,"87Court officers as plea getters,173Cowing, Rufus B., Judge,255Crime, What is Crime? Chapter I, definition of,1relation of, to wrongs,1,2,3artificial character of laws defining,4mala prohibitaandmala in se,6little significance in mere name of crimes,6arbitrary nature of acts made crimes,7relation of, to insanity,22theory that crime is a disease overworked,23criminal instinct in all,23commercial crime favored by law,24,30,223Crimes, definition of, limiting it to those who "make a living" thereby is inadequate,28fundamental cause of, disrespect for law,30,334attitude of jury toward commercial crime,210,211What Fosters Crime?Chapter XVIInot on increase in proportion to growth of population,334fostered by idea that criminal justice is slow and uncertain,335,336by constitutional safeguards,335,336by defects in our criminal law and procedure,338by attitude of "yellow" press,338by belief that higher courts reverse on technical grounds,339by acquittal of guilty by sentimental juries,340-342restraints on,344-346fear of present criminal prosecution and punishment greatest restraint on,344-346may be deliberate or the result of accident or impulse,345Criminal Courts Building, description of,115Criminal law, adapted especially to punishment of crimes of violence,16impression of ordinary citizen concerning,149,335at present tends to retard and defeat justice,336present state of, result of exaggerated regard for personal liberty,336English system of, better than ours,336leaves many technical avenues of escape,338Criminal responsibility (see Insanity and the Law,Chapter XVIII),350test of,353unchanged since case of McNaughten,353questions propounded by House of Lords to the judges, with their answers,354delusions in the law of insanity, significance of,355,356doubtful interpretation to be given to words "wrong" and "know,"357Hadfield's case,358Criminal responsibility, present New York test does not recognize any lack of inhibitory capacity,359test is imperfect, inadequate, and vague,357,359difficult of application,357juries disregard it except in extreme cases,360-366expert testimony in insanity cases discounted by jury,360,361requirements of proposed new tests,366-368Alabama test,368the "defense" of insanity often confused with claim of present insanity,369present insanity determined by commission,369-376mental condition at time of crime should be likewise determined,369-376defendant may refuse to permit examination,370present ineffectuality of law in New York,370-376could be easily remedied,372-374plea of insanity should be made compulsory,373defendants so pleading should be remanded for observation by permanent, salaried, expert commission, as in Germany and elsewhere,373,374probable unconstitutionality of other suggested remedies,374Criminals, not necessarily worse than other people,5,9not usually criminal in all directions,5generally specialists,5intentional, as distinguished from accidental or occasional,9as distinguished from sinners,17Who are the Real Criminals?Chapter IICharles D. Warner's definition of,19traditional criminals few,19the modern criminal,20degenerate class of, exaggerated by continental writers,21sentimentality concerning, over-done,21, 23,196majority of, not mentally defective,22close relation between all,22,29why men are criminals,24dishonest business men real criminals,24,25law at present favors business criminal,25Criminals, professional criminals and degenerates form small proportion of law breakers,29distinction between criminals and convicts,42begin with petty infractions of law,72professional criminals generally plead guilty,148receive consideration for saving expense of trial,148may obtain speedy trial if desired,152weight given to prior conviction,148Criminology, modern tendencies in,17penological movements, first in direction of prison reform,21and second in study of degeneracy,22Cross-examination, use of,231,240impossible to cross-examine through interpreter,239of women difficult,291,292Defendants, hostile attitude of courts to, in ancient times,16present rights of,16,17presumed to be innocent,44have right to counsel,43sensations of,45cannot be compelled to testify,91,326may move to dismiss indictment and thus retard trial,91may easily obtain speedy trial,152their own testimony generally convicts,154rapid trial redounds to their benefit,156if innocent need not fear to testify,162majority of those failing to testify convicted,163may defend themselves,164often wise to rest on People's case,164danger to, by perjury of one of their own witnesses,164influenced to plead by result of prior cases,174benefit by prosecutor's desire to dispose of case,220favored by jury,222description of, while waiting verdict,241right to poll jury,247when convicted rarely show emotion,247,248may present plea for clemency before sentence,271latitude allowed,337,338(See Criminals.)Degrees of crime, arbitrary character of,8Delays, The Law's, Chapter VIIsecured by motions based on irregularities before Grand Jury,93delay the first, in the police court,108delay the second, before the Grand Jury,114delay the third, pleading,119delay the fourth, in preparation of case for trial,121delay the fifth, after case on calendar, before trial,122delay the sixth, dilatory tactics of counsel for defense,123delay the seventh, bail cases not tried in summer,126delay the eighth, forfeiting recognizance,126alienates support of citizens,129defendant has everything to gain by delay,314method of securing,315,316motions to secure,316many penal statutes and procedure tend to retard and defeat justice,336(See Red Tape,Chapter VIII,129.)Delusions, significance of, in law of insanity,355,356Dementia præcox,351Demurrer,316Dinser, Gustav, case of,289Disagreements, two equivalent to acquittal,220large number of trials resulting in,244Disorderly conduct, jurisdiction over, by magistrate,49Dodge-Morse divorce case,321,322Donohuev.N.Y., N.H. & H.R.R., case of,259Dummies,318-322attempt to induce witness to identify,321,322most famous case of,321District Attorney (see Prosecutor), power to act when magistrate discharges,47,48copies papers forwarded from magistrate and subpœnas witnesses for Grand Jury,87prepares calendar for Grand Jury,87draws indictments,87preliminary examination of witnesses by,117a quasi-judicial officer,167,168limitations placed upon, by laws of evidence and procedure,165,168District Attorney, should move defendant's discharge if convinced of innocence,168has same latitude in summing up as defendant's attorney168in presentation of case, People should have same rights as an individual,168should win confidence of jury,169function of,304can rebut defense more easily where it has been exposed before magistrate,312necessity of examination of jury by,323Electric chair, jury send to, only in atrocious cases,213Ellis, William H., case of,315,316Elmira, release from,165sentence to, indeterminate,165Evidence, character of defendant provable only when put in issue by himself,161,166defendant's right to give, himself,161-162but no inference to be drawn from defendant's failure to testify,160,162rule permitting defendant to testify practically forces him to do so,163good character of complainant and witnesses only provable on attack,167amount of strictly accurate testimony very small,225"refreshing recollection," in practice absurd,235method of refreshing recollection,235(See Witnesses)Ex Parte, proceeding before Grand Jury is,90,99Felix, John, case of,15Felonies, The Trial of,Chapter IX(See District Attorney, Prosecutor, Defendants, etc.)distinction between felonies and misdemeanors often without merit,30number of persons arrested for,85should be prosecuted by information,100rapidity of trials for,152,154description of trials for,150attempted suicide,171compounding, by agreeing not to prosecute,349Foster, Judge Warren W.,216"Franklin Syndicate, The,"26Fursman, Judge,321General Sessions, Court of, appeal to, from magistrate's courts,47procedure in,119,150,151description of (see Felonies),150Goff, Recorder,86,290Habeas Corpus, for prisoners held in police court,43to test magistrate's jurisdiction,47only remedy for illegal commitment,49writ of, often secured for delay,317Hackett, Orlando J., case of,290Hadfield's Case,358Harris, Carlyle W., case of,263,264Hawkins, Sir Henry, on want of uniformity in sentences,189,190Homicide, typical case of manslaughter,8large proportion of defendants charged with, plead guilty to manslaughter,174charge of court in cases of,243verdicts in cases of,246sentence in cases of murder fixed by law,261larger proportion of women indicted convicted of, than men,334Howe, "Bill,"297,298,323Howe & Hummel,322Hummel, Abraham,321,322Imprisonment, pending appeal, advisability of,346Impulse. See Irresistible.Indeterminate sentence, definition of,273constitutionality of, upheld by courts,274distinguished from commutation,274Indictments, found by Grand Jury,81"true bills,"82number of, found,85drawn by District Attorney,87form of,87,88for larceny,88,89invalid, when,91defendant may move to dismiss, when,91,92ratio of women to men indicted,292not "pigeon-holed" or "lost" in New York County,314motion to dismiss,317for forgery,331Information, in Court of Special Sessions,48,49Information, of aggrieved party, old form,89proceeding by, in different states,100all felonies should be prosecuted by,100Insanity, not true that majority of criminals are mentally defective,22sentence cannot be pronounced on insane person,269how those insane at sentence are dealt with,269defendants unlikely to feign, at sentence,270used as means of avoiding trial by rich,317As a Defense to Crime, Chapter XVIII,350(Also see Criminal Responsibility and Commissions)Inspection, of Grand Jury minutes,122,316Interpreters, usually very incompetent,239difficulty of cross-examining through,239Irresistible impulses not recognized by present New York test of responsibility,359Johnson, Richard, words of, before sentence,262Judge, The (Chapter X), functions of,178most difficult function of, to impose sentence,178,179his conduct during trial,179may "sum up" in England but not here,179,337his business practically to "even things up,"182should interrogate witnesses,182difference between his theoretical and practical functions,179,182should not interfere with jury on questions of fact,183able to convey opinion to jury despite the law to contrary,184most judges too lenient,187,195,196tendencies often well known,187,188