want of uniformity in sentences,189,199interference with judges in sentences,191matters presented to, in determination of sentence,192,193restitution considered by, in sentencing,195reasons for leniency,195,196fear of reversal,196Judge, impression that judge is easy-going or subject to influence conduces to lawlessness,197judicial propriety desirable,198sometimes gives benefit of reasonable doubt after conviction,199,200inequality in punishment,200-202no place for weak judge,204when a law-breaker,210responsibility of, in sentencing,261,272Judgment, arrest of,269Jury, Grand (Chapter VI)power to hold for, by magistrate,47indict as matter of course,56indictment must precede trial for felony,81composition of,81,82finding true bill by,82is archaic,82procedure by information in states where there is no grand jury,82first record of Grand Jury proceeding in New York,82,83number of persons held for, in last six years,85how chosen,86charged by judge,87calendar of, prepared by district attorney,87nature of proceedings before,90may send for witnesses,91relieves district attorney of responsibility for failure to prosecute,91historical development of, (footnote)92-95irregularities before,93power as general inquisitorial body,93,94power of, vast,94tendency to exceed powers,95,96presentment by (see Presentment),96,97why not abolish?99original necessity for, has disappeared,98,99one purpose only for which it should be continued,98,101original advantage of,99out of harmony with present institutions,99few cases originate before,100abolished in certain states,100subpœnas to appear before115description of proceeding before,116-118delay before,119indict for "murder" in most homicide cases,174Jury, Petit (Chapter XI), trial before, after indictment,56disinclination of, to convict,57find it difficult not to be prejudiced by defendant's failure to testify,160,161improves with service,169see little of professional criminals,148,169inclined to take law in its own hands in trivial cases,171,172inclined to convict on substantial evidence in serious cases,172petty offender profits by lawlessness of,172why efficient in criminal cases,172when at its best,173apt to acquit early in term,173percentage of convictions to acquittals by,175,176function of,205capacity of,205apt to usurp functions of judge,206English jury more satisfactory,206have little regard for law here,207,208inaccuracy of verdicts by,209reason for arbitrariness on part of,209attitude of, toward different crimes,211,212have small regard for life,209,213time require to select, in homicide case,215futility of wasting time in selection of,215some examination of, imperative,216method of escaping service on,217often contains officious members,219desirability of homogeneity in,219,220eleven jurors should find verdict,221,222favors defendant,222practically successful,223first member of, selected is foreman,243take time before returning verdict,253deliberations of secret,254failure in duty by,255the influence of one strong-minded member upon,255,256effect on, of women's evidence,293effect of appeals to sympathy,322disregard the law in applying test of criminal responsibility,360-366Jury system, works best in criminal cases,192a practical success,223works "substantial justice,"223brought in contempt by sentimental or lawless acquittal,343,344Jurisdiction, of magistrate,47of courts tested by habeas corpus,43,47Larceny, magistrate compelled to hold defendant for higher court in all cases of,48summary jurisdiction of magistrate should be extended to petit larceny,48now frequently treated in police courts as disorderly conduct,49form of indictment for,88grand, value necessary to constitute,102Lawyers, retained to advise prospective criminals,10seek to postpone rather than hasten trials,152business of, to create reasonable doubt,304(See Shysters)Legal Aid Society,77"Legal" insanity,354,360-366Levy, Abraham,323Lincoln, Abraham, advice of,326Liquor Tax cases, the bane of Special Sessions,69few convictions for violation of (see note),210juries reluctant to convict in,70,209,210Livingston, case of,13Magistrates, broad power of,43,48committment by,45how regarded by humble classes,46number of cases disposed of yearly by,46jurisdiction of,46,47,48power to hold for higher court of,47,85jurisdiction of, should be extended over petit larceny and simple assault,48,49,57jurisdiction of, over breach of peace,49tendency of, to hold for higher courts rather than spend time for examination,56power of, for good,58close contact of, with police,58appointment of, generally political,59(See Police Courts)Mala prohibita, as distinguished frommala in se, 6illustrations of,10Manhattan Bank, case of,254Mayhem, crime of,316McCord, Peoplevs., case of,12McNaughten's case,353doctrine of,354"Medical" insanity and "legal" insanity,354,365Miller and "The Franklin Syndicate,"26Misdemeanors (Chapter V), may be morally worse than felonies,6illustrations of what are, in New York state,10distinction between, and felony often without merit,30tried in Special Sessions,85(See Special Sessions)Mock Duck, case of,218,318,319Moran, trial of,216Morse-Dodge divorce case,320,322Motions, for delay in proceedings,316,317New trial, motion for, at sentence,276"Not proven," inadvisability of a verdict of,244,245Nott, Charles C., "In the District Attorney's Office,"155cases cited by162,166quoted on defendant's failure to testify,163Oath, in police court,112before Grand Jury,118Omissions, usually not crimes,10illustrations of,10Osborne, James W.,328Parker, Mabel, case of,330Parole. See Suspended SentencePatterson, Nan, case of,299,301,335Pedigree, taking of,155,248,252Perjury, crime of,224,225large amount of, among defendants' witnesses,225false answer in taking pedigree is perjury,251women more ready to commit, than men,285in defendant's own testimony,311Plea, in Court of Special Sessions,63,120in abatement,92of "guilty," "not guilty," and "autrefois acquit,"92withdrawal of,155benefit of clergy,266-269of "insanity" should be compulsory, where defense is anticipated,373Police Courts (Chapter IV). See Magistratesright of arrested to immediate hearing in,43,85right to counsel in,43attitude in, toward defendants,44description of,44,109harsh treatment in,45proportion of cases there disposed of summarily,45great importance of,45a day's work in,50,56proceedings in,110,111delay in,113Police headquarters, described,32Police judge. See MagistratePolice officers, great awe of persons in general for,31right to arrest (see Arrest)contact with magistrate,58assault on,70the police sergeant,107Police station, proceeding in,107"Policy," business of,319(See Al. Adams)Polling, of jury,247"Poor Man's Court of Appeals, The." See Police Courts.Prescott, quoted on integrity of judges among Aztecs,198Presentments, by Grand Jury,96often unnecessary and frivolous,97,98Press, sensational press fosters crime,334,338domination of court room by,347trial by,347,348Property clerk, at police headquarters,132,134,137,138,146,147at district attorney's office,134Prosecutor, effect of experience on, 4often protects accused from shysters,78delicate position of, when informed of facts inadmissible in evidence,166allowed small latitude,337(See District Attorney)Punishment, unfair apportionment of, under the law,26once a matter of private vengeance,32now for protection of public safety,32desire for punishment of accused still moving cause of most prosecutions,32imposed by magistrate,47inequality in, the exception,200(See Sentences)Purdy, Ambrose H.,324Questions of House of Lords to English Judges after McNaughten's case,354Reasonable doubt, definition of,160giving benefit of,afterconviction,199,200difficulty in finding guilt beyond,244,245defendant entitled to benefit of,304certificate of,346Recognizance, form of (see Bail),127Recommendation, cases dismissed on, of district attorney, without trial,170ground of,170,171to mercy by jury,245to mercy usually considered by jurors as part of verdict,245to mercy, facilitates agreement,246"Red Tape" (Chapter VIII), at police headquarters,137,138,144,147at district attorney's office,140,143(See Delays)Requests, to charge,339Reversals of convictions, effect on community of,198number of, on appeal,339,340rare on technical grounds in New York state,339usually fault of trial judge,340"Ringers,"318-320"Runners," methods of,73,75Scannell, John J., case of,92Schorling, J. Holt, quoted, table of increase and decrease in specific crimes,20Sentences (Chapter XIV), want of uniformity in,189,199judges too lenient in,187,195matters considered by judge in imposing,192,195impossible to secure equality in,200,202table showing sentences for different crimes,201,202might be imposed by judgesen banc,203for perjury, heavy,224jury would be more severe in, than judge,245for murder fixed by law,261great responsibility of judge in matter of,261to life imprisonment,264of death in all felony cases, formerly,265Sentences, motions to arrest judgment,269,270appeal for clemency before,271,272little mercy to old offenders in,272(See Indeterminate Sentences)remarks of judge at time of,274,275lightness of,275advantages of short sentences,275"Shysters," methods of,58,74-80,122,327(See Tricks of the trade)"Sick engineers,"14,170never plead guilty,170Special panel,173Special Sessions, Court of (see Misdemeanors), information in,48power to try petit larceny cases,48old court of,62present composition of,62number of cases disposed of in,62,63procedure in bringing cases before,63speedy trial in,63jurisdiction of,64,65rapidity of procedure in,65,66Liquor tax cases in,69attitude of, toward assaults on police officers,70practically final court of disposition for misdemeanor,71important cases often tried therein,71efficiency of,62,72lawyers in,72,73menace of "shysters" in Special Sessions and police courts,79,80Statutes, multiplicity of, undesirable12"to prevent blindness,"15punishing contempt,348Stay, of proceedings,317Stolen property, recovery of, by owner. See Red Tapeinnocently receiving,329Street walkers,75,76,77Subpœnas, served by district attorney for Grand Jury,87Summerfield, "Larry,"14,26,27Sweetser, William A.,321Supreme Court, Criminal Term, tries most of homicide cases,174Suspended sentences, in large number of cases against first offenders,195,261Technicalities, reversal on technical grounds,339,340Technicalities, means to abolish,347Test of criminal responsibility,353proposed new tests,360-368Thayer, J.B., on historical development of Grand Jury (footnote),92,95cited,221,301Thaw, case of H.K.,350,370"Tombs," The,115Tricks of the Trade (Chapter XVI), of the successful practitioner,303bolder than in civil courts,304inducing complainant to withdraw charge,309,310securing adjournments,310persuading court that case is trivial,310obtaining immediate hearing to find out People's evidence,311waiving examination to conceal defendant's case,311which are utilized after magistrate has held accused,314securing permission for defendant to appear before Grand Jury,314securing delay in trial,314introducing "ringers" in place of real defendant,318-320attempt to have witnesses identify dummies,321,322appeals to sympathy of jury,305,307,322offer to "take first twelve" jurors,323obtaining one favorable juror,323getting members of same race as defendant on jury,324gaining good will of jury by chance remark,325defendant's counsel intentionally appearing intoxicated,325supplying missing evidence in counsel's opening or closing,326,328getting one of two defendants to take entire blame,328,332most of them unsuccessful,333True bill. See IndictmentTwitchell, case of,282,283Verdicts (Chapter XIII), lack of accuracy in,209arbitrariness of,209form of,243procedure in rendering,244difficulty in reaching,244,245of murder in first degree rare,246how received by defendants,246,247slowness in reaching,253Verdicts, in Manhattan Bank case,255