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21 Panel 1 (1943)

handle is hein.journals/panelmbu21 and id is 1 raw text is: To increase the effectiveness of the Grand Jury System THE PANEL A Publication Devoted to the Exchange of Views of Public Officials and Citizens in the Effort to Prevent Crime and Secure the True Administration of Justice PUBLISHED BY THE GRAND JURY ASSOCIATION OF NEW YORK COUNTY, Inc. (FOUNDED IN 1913) 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 view that the subjects they treat of are worthy of the attention of Grand Jurors. VOL. 21 M vAY, 1943 NO. I Youth Problem Vital Factor In Wartime Remedial Laws Enacted As Leaders Discuss Postwar Plans Two bills providing a socialized approach to the problem of juve- nile delinquency had the whole- hearted support of the Grand Jury Association of New York County in a letter addressed to Governor Dewey by the Board of Directors. Introduced by Senator Fred A. Young and Assemblyman Abraham Schulman, these bills were passed by the Legislature and signed by the Governor. Said Governor Dewey in his mes- sage to the Legislature: The recent rise in juvenile delin- quency is a symptom of maladjust- mients which are affecting many more children than those who actu- ally come to court. The State must interest itself in seeking to relieve those maladjustments and in the preservation of the home and f am- ily. The State can ill afford to per- mit any lapse in the mental and physical health of its growing citi- zens. A high rate of juvenile de- linquency means a high crime rate five years from now. It means a heavier load on courts and prisons and an increasing toll of human misery. Unhappy children today mean a higher rate of mental illness ten years from now and a still greater load on our distressingly crowded State Hospitals. Happy, well-adjus- ted children today will be effective citizens in the future. These are sub- jects of vital interest to the whole State and require immediate study and action. Chapter 549 amends the Code of Criminal Procedure by in- serting therein eight new sections (252-a to 252-h) providing that (Continued on page 7) Granu Iury au a1g aw Orderly and intelligent administration of the law rests in the first instance on the courage and responsibility of the Grand Jury. No recurrence of the condition which prevailed before 1938, when as many as 150 or more defendants a day were held in the Tombs awaiting action by the Grand Jury, has been permitted by this oflice. The improvement in law enforcement today contrasted with conditions only a few years ago must be credited in large measure to public-spirited grand juries. New York County has been fortunate in that its Grand Jury Association has encouraged leaders in the business and civic life of the community to undertake this duty of good citizenship.-From the Annual Report of District Attorney Frank S. Hogan. Judicial Council Will Be Inforned On Delays in Indictments Appeals BY LEONARD S. SAXE, Executive Secretary, Judicial Council of the State of New York The Judicial Council last year amended its rules to require the Dis- trict Attorney of each county in the State to submit to the Council two annual reports, an analysis of which will reveal those indictments that have remained undisposed of for more than one year, and wheth- er there is an inordinate delay in re- spect to the disposal of appeals in criminal cases. The Council had these matters under consideration for some time and after several other mediums had failed to meet the situation the Council, in October 1942, amended its Rule No. 4, thereby requiring the District Attorneys to file such reports with it. Once the facts are known, it will be a comparatively easy task to remedy any unfavor- able condition that may be disclosed. Since 1935, when Governor Leh- man convened the Conference on Crime. the Criminal and Society at Albany, it has been the opinion of various organizations, including the Grand Jury Association of New York County, Inc., and the Com- mittee on Criminal Courts. Law and Procedure of the Association of the Bar of the City of New York, that the administration of the crim- inal law -might be improved by a provision requiring a periodic rou- tine check-up on the disposition of indictments pending over a period of time. In 1936 Governor Lehman in a special message to the Legislature said: I recommend legislation which would permit, and in effect require, grand juries at periodic intervals to investigate the disposition made of indictments found by previous grand juries. Provision should be made by the Legislature, with proper safeguards, for publicity to be given to the result of such grand jury's investiga- tions. At present there is no agency which can focus public attention upon what has been done in the way of prose- cuting indictments found in the past. While It may be possible for an Inter- ested person by a diligent search of the records to ascertain the facts, there is no public agency which can so effectively determine the facts with reference to past indictments and their subsequent disposition as the Grand Jury itself. (New York Legislature Document, 1936, No. 57, page 24). Thereafter, in 1936, 1939. 1940, 1941 and 1942 bills were intro- duced in the Legislature providing that a grand jury convened after July 1st should inquire annually in- to the status of each indictment found more than one year previous- ly and undisposed of, and report thereon to the court. The bills also (Continued on page 6) Governor Signs Association Measures Amendments End Double Service, Define War Worker's Status BY EDWARD C. McLEAN, Association Counsel During the 1943 session of the Legislature the Association spon- sored three bills amending sections of the Judiciary Law pertaining to grand juries. Two of these bills were enacted into law. The third passed the Senate, but was not re- ported out of the Rules Committee of the Assembly amid the pressure of business during the closing days of the session. The three bills were introduced by Hon. Frederic R. Coudert, Jr. in the Senate and Hon. MacNeil Mitchell in the Assembly. The more important of the two successful measures was an amend- ment to Section 601 of the Judi- ciary Law, the passage of which represents the culmination of years of effort on the part of the Associa- tion. Section 601, which applies to cities with a population of one mil- lion or more, formerly provided that a person who had served his term as a grand juror should not be quali- fied for further grand jury-service for a period of one year. The new bills adds a provision also relieving such person from trial jury service for the same period. Inasmuch as the Federal courts follow the State law with respect to qualifications of jurors, the effect of the amendment is to prevent persons who serve as Grand Jurors in either the State or Federal courts from being called for further ser- vice as Grand or Petit Jurors in ei- ther of such courts, for a period of one year. The bill had the active support of Hon. John Clark Knox, senior United States District Judge of the Southern District of New York, who, when urging its passage stat- ed: I very much hope that the bill (Continued on page 2)

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