Prosecution1921 - Crime - 139 pages |
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$5 and costs accused administration of criminal administration of justice affidavit appear Assault and battery Auto law bail bond Blanche Jackson calendar Carrying concealed weapons cent chief prosecutor civil clerk Cleveland Foundation Common Pleas Court Continued April 29 Convicted county prosecutor court-room criminal branch criminal justice cutor Cuyahoga County defendant Discharged disposition entry examination execution docket fact felony filed forfeited bonds grand jury hearing indictment January 19 journal and execution judge judgment July term justice in Cleveland lawyers lesser offense Liquor law misdemeanors motion in mitigation Municipal Court municipal prosecutor municipal prosecutor's office names no-papering Nolle prosequi entered notation Novario percentage Petit larceny plea of guilty pleaded guilty police court police department police officer practice present prose prosecuting attorney prosecuting witness Prosecutor Russick prosecutor's docket Room September 15 sons ments sons suspended Suspicious person TABLE tences tion Total Traffic ordinance trial prosecutor United States Attorney violations
Popular passages
Page 130 - The discharge of a competent assistant (other than the first ass1stant) for political motives should be treated by the Bar Association as unprofessional conduct on the part of the prosecutor, since he thereby subordinates the administration of justice to partisan politics. CHAPTER X THE BAR AND THE COMMUNITY IN the last analysis a community cannot escape the responsibility for the conditions and instrumentalities, inanimate and human, in and by which justice is administered in its midst. In any institution,...
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 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 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 /Directors Amos Burt Thompson, Chairman of the Advisory Committee BY J...
Page 15 - Frequently Judge A was conversing with the clerk or some other person and was not in a position to hear the evidence being brought out. 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...
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 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 67 - ... advance the considerations favoring or contradicting the suspensions. Sometimes he does not perform this function because the court has not given him the opportunity. There is, however, no indication that he has protested this exclusion or made any vigorous attempt to do his part. TABLE 10.—STATE CASES CLASSIFIED BY CHARGES AND BY DISPOSITIONS AND DEGREE OF SUSPENSION OF SENTENCES The whole practice regarding suspension of sentences is excessively loose. Much of it is of doubtful validity....
Page 116 - ... committed by those professionally engaged in these offenses, or by persons who are transient sojourners in the city and migrate from town to town, or persons of erratic occupation or low and uncertain social status, and who, therefore, are under greater inducement to escape than to appear and stand trial. The field of criminal justice in the modern American State and city has come to include, however, a large number of misdemeanors committed by persons who are permanent residents, engage regularly...