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22 Panel 1 (1944)

handle is hein.journals/panelmbu22 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 .andySwu1P 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. 22 JANUARY, 1944 NO. I New 'Youth Law Encouraging Rehabilitation By WHITMAN KNAPP, Asst. District Attorney New York County December was the fourth month of operation under Chapter 549 of the Laws of 1943, providing, in ap- propriate cases, for specialized treat- ment of persons between the ages of sixteen and nineteen who may be charged with crime, without stigmatizing them with a criminal record and without causing them to be brought in contact with the type of criminal personality nor- mally found in our jails and peni- tentiaries. Briefly summarized, the law pro- vides that in the case of any de- fendant in the above age group, the Grand Jury or the District At- torney may recommend that he be treated as a youthful offender and not as a criminal. In the event such a recommendation is made, the Court orders an investigation into the background of the offense and the offender and, on the basis of such investigation, determines whether the defendant is suitable material for youthful offender treatment. If the Court's determination is in favor of the defendant, the de- fendant is allowed either to confess or deny his guilt of the offense charged. If he denies it, he is tried before a judge without a jury and is either convicted or acquitted of being a youthful offender. If he is acquitted, that, of course, ends the case. If, on the other hand, he either confesses his guilt or is con- vitted of being a youthful offend- er, the court proceeds to pass sentence upon him. In such case, the youthful offender may be placed on probation or committed to a religious institution, or even to a penal institution if the circum- (Continued on page S) Ghanb 3hary an 3rre Sernumut The power of grand juries to inquire into the willful mis- conduct in office of public officers, and to find indictments or to direct the filing of information in connection with such inquiries, Ahall never be suspended or impaired by law. -Constitution of the State of New York, Article 1, Section 6. I have always had a deep reverence for the Grand Jury system, declared Governor Dewey in a recent address. In proper hands the Grand Jury is the shield of the innocent and the sword of justice. In due time the good people of Albany, too, will have that shield and that sword. Your State administration does not know the difference be- tween Democratic corruption and Republican corruption. In peace times our people cannot afford the lSxury of corrupt government. In time of war its existence is a b :rayal of men who are dying for free government. Making an Elective Judiciary Yield Better Results Ever since 1928 THE PANEL has been advocating a change in the method of nominating judges in New York. State. Its Editors launched this movement by publishing in the December 1928 issue an article by Edward A. Alexander entitled The Nomination and Promotion of Worthy Judges. In view of recent press comment on Mr. Alexander's past articles and the fact that the September Addi- tional Grand Jury, which is investigating the Aurelio nomination, appealed to Governor Dewey for a thorough investigation of the entire problem, the editors have deemed it of interest to republish, in part, The Nomination and Promotion of Worthy Judges. By EDWARD A. ALEXANDER of the New York Bar The pivotal point in the adminis- tration of our government, the in- terpretation and application of our law, and the guardianship of the people's lives, liberty and property, is the judiciary. In the State of New York judges are chosen under a system of popu- lar election. There are, however, many other possible ways in which they might be chosen. In Vermont, judges are elected by the Legisla- ture. In Massachusetts they are ap- pointed by the Governor and Coun- cil. In Canada and Great Britain they are appointed, technically by the Crown, actually by a Cabinet officer responsible to Parliament. The fundamental assumption on which the present article is based is that, however strong may be the theoretical arguments against popu- lar election, the people of New York are not likely to abandon the principle, at least for many years to come. Our immediate practical problem is not to find a substitute for our present system of an elec- tive judiciary, but to make this system yield better results than it nowv does. The only requirement of the law for judicial candidates is member- ship in the bar, together with such general qualifications as those of age, citizenship and residence. Have not the people. the electorate, in- cluding laymen who themselves are (Continued on page 6) Jury Selection In Albany Under Scrutiny Governor Dewey's decision to have his aids present at the draw- ing of the new Albany Grand Jury Panel of 300 to guard against selec- tion of a handpicked majority crowns with success the campaign which the Grand Jury Association of New York County has long fought in order to improve the selection of Grand Jurors. Seven years ago The Panel pub- lished an article by John E. Glenn, Albany attorney, saying It is quite evident that in Albany County the Grand Jury is a hand-picked body. A year ago we carried on the fight with a page one article by Mr. Glenn revealing there had been no change for the better. Again before Governor Dewey's decision to see to it that Albany would have a Grand Jury Panel truly repre- sentative of a cross-section of the county, The Panel had asked Mr. Glenn to make a survey of the past year. BY JOHN E. GLENN The September Albany County Court Grand Jury, consisting of 21 members, included the incum- bent superintendent of the State Office Building, a Democratic ap- pointee under classified Civil Service status, another known Democrat who has been a perennial member of the Grand Jury and has often served as foreman; a Democratic district leader and former appointee in one of the State departments; one who has recently served as a Democratic appointee in the State Comptroller's office; a close per- sonal friend of the head of the local Democratic political machine who has been favored many times with substantial city and county contracts; a former mayor of the (Continued on page 10)

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