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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 OFcial Organ of /e loward League for Penal Reform.


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

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


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