Prosecution

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1921 - Crime - 139 pages
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Page 94 - nolle," means literally and in practice, "To be unwilling to prosecute." It is made by the prosecutor and allowed or overruled by the judge. The Ohio law provides that the county prosecutor shall not enter a "nolle" "without leave of the court, or good cause shown, in open court." There is no such provision for the Municipal Court. In actual practice the granting of a "nolle...
Page 125 - ... the neighborhood was familiar by observation or reputation. It antedated the modern system of police departments and prosecutors, who now have charge of the original institution of prosecutions. In the era of royal, baronial, or executive despotism and tyranny, the grand jury came to be looked upon as an institution which would protect the people against the deprivation of their liberties by feudal barons, kings and other oppressors. It is no longer needed as a bulwark of our liberties, as the...
Page ii - COMMITTEE JD Williamson, Chairman Thomas G. Fitzsimons Malcolm L. McBride WH Prescott Belle Sherwin Leonard P. Ayres, Secretary James R. Garfield, Counsel Raymond Moley, Director THE SURVEY OF CRIMINAL JUSTICE Roscoe Pound Felix Frankfurter...
Page 114 - In point of fact some magistrates are prone to shift the responsibility off their own shoulders and to ' hold' anyway. Thus there can be ' no kick coming' so far as they are concerned. There are also cases where, rather than take the time for a careful examination of the case, the magistrate will 'hold,' when, if he had really examined into it with the necessary care, he would find that there was no reasonable ground for his action. Now the grand jury is apt to find an indictment almost as a matter...
Page 4 - ... [T]he office of the municipal prosecutor and the Municipal Court are the points of contact with the administration of justice of the overwhelming majority of the inhabitants who come into any contact with courts and court officials. There the great bulk of the population receives its impressions regarding the speed, certainty, fairness, and incorruptibility of justice as administered. For law to be effective there must not only be justice, but also the appearance of justice .... As a deterrent...
Page 83 - IN general, the prosecuting attorney and his assistants take no part in the investigation of the crime or the molding of the proof. He has no machinery, other than his busy assistants and the single county detective or general utility man, for detection of the offender or discovery of proof. He has no facilities for modern methods of criminal investigation. He pits his unpreparedness, with such assistance as he may obtain from the police department, against the carefully prepared case of the defendant's...
Page 15 - At all times he was conducting cases in a spirit of complete boredom. "Prosecution of cases was conspicuous chiefly by its absence. Nine-tenths of the questioning of witnesses was done by the attorneys for the defense. The prosecutor was present during part of some cases and absent during all of some. In not one case which I observed was he present at a complete trial. His chief function seemed to be to assist the bailiff in rounding up witnesses and in informing the judge of facts regarding the...
Page 127 - The new jail was occupied Feb. 15, 1929. The personal recognizance (without sureties) 43 is used to some extent in the boys' court but could be utilized more safely and probably more frequently if the judge had more information in regard to the reliability of the boy. Practice...
Page 139 - ... will long succeed in standing in the way. Each intelligent step taken to remove an existing defect or institute an improvement leaves a permanent residuum of progress. In the end, however, the community must impose the standard. There is no possible method of escape from its indifference to a high standard of ethics and efficiency. If Cleveland cares not merely for the results in an occasional sensational or scandalous case, but for a high standard, applied hourly, daily, weekly, year in and...
Page 134 - ... boss" in order that he might gain or retain the favor of that "boss," and the refusal of the counsel of a leading bank to attack that prosecutor's entering of that nolle for fear that such an attack may enable that "boss" directly or indirectly to harm the bank. The element of trusteeship may be more obvious in the one case than in the other. But the principle that the lawyer is an officer of the law, a trustee of the administration of justice, is one voiced by writers on legal ethics and speakers...

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