About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

18 Panel 1 (1940)

handle is hein.journals/panelmbu18 and id is 1 raw text is: To increase the effectiveness of the Grand Jury System

PANEL

A Publication Devoted to the Exchange of Views of Public Officials and Citizens in the Efort to Prevent Crime and Secure
the True Administration of Justice
PUBLISHED BY THE
GRAND JURY ASSOCIATION OF NEW YORK COUNTY
Contributions and letters in The Panel are either credited to their authors or signed with the names or initials of their writers and the Association assumes
no responsibility for the opinions contained therein beyond expressing the views that the subjects they treat of are worthy of the attention of Grand Jurors.
VOL. 18                                                      OCTOBER, 1940                                                              NO. I

Accomplice
Testimony
Discussed
Problem Looms Larger
in Light of Recent
Criminal Cases
In permitting conviction on the
uncorroborated testimony of an ac-
complice, Federal criminal justice
differs sharply from criminal jus-
tice as administered in this State.
The question looms larger than
ever in the light of the many re-
cent and current criminal cases in
which the testimony of accomplices
who turn State's evidence becomes
the prosecution's main strength, ac-
cording to Harold Stanley Pollard
in a special article recently on the
editorial page of the New York
World-Telegram. And in an ad-
dress before the Criminal Law Sec-
tion of the American Bar Associa-

Testimonial to a Distinguished Judge
After sixteen year, as a Judge of the Court
of General Sessions, Senior Judge William Allen
will retire on December 31st of this year. As a
testimonial to his distinguished career, The Panel -
quotes from his remarks at the laying of the cor
nerstoie of the New    Criiniial Courts Building
and Jail on June 28 last:
Established in 1683, older by eight years than
the Supreme Court of the State of New      York, M
the Court of General Sessions has functioned all
of these 257 years. with the exception of about
ten years during the period of the Revolutionary
War. Time will not permit of a discussion of the
history of the court. Suffice it to say-and this
is not said in a vainglorious spirit-the court is
generally conceded to be the greatest criminal
court in the world.
For sixteen years it has been my privilege to
serve as a Judge of this great court In a fewe
months I shall retire under the age limit. Stand-
ing here among my associates and friends, I
breathe a prayer that in this building no innocent
man shall ever be pronounced guilty; that every
defendant tried therein shall be given a fair trial;
that wrongdoers may be adequately punished, and
that all who function within it, whatever their
calling, may be moved to serve with the colt
sciousness that the safety and welfare of our
Judge William Allen           people are largely in their hands.
Work of Grand Jury Association
Inspires Membership Increase
No better evidence of the citizen's growing awareness that he
must work and fight to protect the rights and powers of the American
grand jury system can be submitted than the membership figures of the
Grand Jury Association of New York County. More than 200 new
members have joined since the first of the year. That's a record.

tion  in Philadelphia last month,     To the officers of the Association,
Paul E. Lockwood, executive as- this membership increase points to
sistant to District Attorney Thomas a decided improvement in the qual-
E. Dewey, takes up the problem as ity and character of the personnel
it affects the District Attorney's serving on grand jury panels. With
Office.                             dictatorship  rampant in   Europe,
After discussing the layer-by-lay- there is developing daily in America
er penetration of a racket, Mr. Lock- a keener sense on the part of good
wood declares that the State pro- citizens that the liberties provided
secutor's most difficult problem  in by our constitutional form  of gov-
preparation of racket trials is ob- ement can only be protected if all
taining corroboration of the testi- share in the responsibilities of di-
mony of accomplices. Patient and mocracy.

repeated examinations of accompli-
ces are necessary. Careful analysis
and painstaking investigation of
their statements must follow. If in-
telligently directed, the persistence
of the attorney will bring out the
necessary corroborating evidence if
it exists.
Modern developments in organ-
ized crime have made necessary a
modernizing of State penal laws and
procedural codes. There was for in-
(continued on next page)

Since its foundation in 1913, the
Grand Jury Association of New
York County has always endeavored
to take a position of leadership in
the widespread movement to in-
crease the effectiveness of the grand
jury system. Public officials and
prominent citizens in communities
throughout the country have made
inquiries as to the Association's pur-
poses, program, organization and
thereupon formed their own asso-
ciations.

New Jury Act
Good Model
For Others
-lope Is Now Expressed
That Other Counties
Will Fall in     Line
BY THURSTON GREENE
of tihe New York Bar
When Governor Lehman signed
the Uniform Jury Act that went into
effect on September 1st, he declared
it to be one of the most important
recommendations ever made by the
Judicial Council, and added:
It embodies the best ele-
ments of the law and practice
for administering the jury sys-
tem which were to be found in
the several counties throughout
the City of New York. The bill
was drawn after extended con-
ferences with each of the Coun-
tv Clerks and with the coopera-

The Committee on Establishing tIon of the Grand jury Associ-
Grand Jury Associations reports the  ation of New York County.
recent formation of the Minnesota     A consider this bill highly
Grand Jury Association, following   important and beneficial to the
helpful information  from   New     people of the State.
York. The committee has also re-    The Governor's signature to this
ceived word of new groups formed measure marked the achievement of
or in process of formation from   a goal that the Association had been
Carl W. Peterson, District Attorney working toward since the Gover-
of Herkimer County, N. Y.; Her- nor's Crime Conference of 1935,
man D. Olian, Assistant Circuit At- when the proposal was first made in
torney, St. Louis, Mo.; William F. response to his request that the As-
Harkins, Clerk Commissioner of sociation submit its legislative rec
Juries, New Brunswick, N. J.; and ommendations for accomplishing its
from representative citizens of New stated purpose -  to increase the
Orleans, La., Wilkes Barre, Pa., effectiveness of the Grand jury sys-
and Citizens of Hillsborough, Inc. tem.
(Hillsborough Co., Fla.)            This system is as effective as grand
The Association publishes The jurors choose to make it. No legally
Panel,devoted to the exchange of constituted body, however perfect
views of public officials and citizens on paper, will function right unless
in the effort to prevent crime and the right men run it. The statutory
secure the true administration of framework within which the Grand
justice. The Association's Manual jury functions in this State is sub
for Grand Jurors in the County of stantially adequate, and in one im
(continued oi page 3)           (continued on next page)

ME

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most