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4 How. J. 1 (1934-1937)

handle is hein.journals/hjcj4 and id is 1 raw text is: Vol. IV.-No. i. THE HOWARD JOURNAL The OFcial Organ of /e loward League for Penal Reform. EDITORIAL. justice, justices and the justices' Bermuda-Duane Smith's Appeal. in Clerk . . . . . . . . I The Menace of the Prisons 4 The Death Penalty in Bengal and For All Prisoners and Captives - Palestine . . The I.P.P.C. Standard M inimurn The Penal Reformer 13 Rules . . . . . . . . 7 Scotland Yard and the Delayed Imprisonment for Debt .. .. 8 Charge . . .. . 13 JUSTICE, JUSTICES AND THE JUSTICES' CLERK. The pivot of the penal system is the Criminal Court. You may reform the prisons, improve the probation service and even tackle the eternal problem of after-care. All these things are of great importance, but no reform can be effective without the willing and intelligent co-operation of the judges and magistrates, who alone decide the broad issue as to whether an offender is dismissed, fined, bound over, placed on proba- tion, sent to Borstal, prison or penal servitude. So it is sound policy to concentrate for the moment on the reform of the Courts of Summary Jurisdiction whose power for good and evil has increased steadily and substantially and is still increasing. It is easy to denounce, to criticize and to make game of that peculiar English institution, the lay magistrate, exalted to administer justice impartially because he has proved a good political partisan, to weigh evidence when he is too old and deaf even to hear it, to decide questions of law without the most elementary knowledge of law. One may say as some do, Sack the lot and have Stipendiaries, trained for the job ; but there is not the least likelihood that the 20th century will destroy, root and branch, an institution which was well estab- lished 500 years ago and which gives something, of however variable a quality, for nothing ! We admit that these are not good reasons for holding back if the best solution of the 1934.

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