[55] Another equally efficacious means of dealing with the matter would be to substitute, upon a defendant's plea of insanity, a full jury of experts—like any "special" jury—for the ordinary petit jury.
Abatement, plea in, [96]
Acquittals, table of percentages of, [175], [176], [177]
of women, [299], [300]
danger of, by lawless jury, [340]-344
"on ground of insanity," meaning of, [352]
Adams, "Al," [319]
Alabama, test of criminal responsibility in, [368]
Alibi, use of perjured evidence to prove, [224], [225]
Ammon, Robert A., and "The Franklin Syndicate," [25], [26]
Appeal, from magistrate's decision, [47]
number of appeals so taken, [47]
no appeal by aggrieved person if magistrate discharges, [47]
few appeals from Special Sessions, [62]
unfortunate that prosecution cannot appeal on verdict of acquittal, [186], [337]
defendant has right of, [337]
reversals on, [339], [340]
Archer, Agnes, case of, [301]
Arrest (see Chapter III), right of citizen to arrest, despite common belief, [33]
right to, ordinarily left to police, [33]
anyone may arrest for crime committed in his presence, [35]
no one may arrest for felony without his view, unless felony committed, [35]
difference in citizen's and officer's right to arrest, [35], [37]
police construe their right to arrest more broadly than law permits, [35]
example of above, [36]
right of police to arrest at night under New York Criminal Code, [36]
force permissible in making arrest, [38]
cases in which the power may be abused, [38]
Arrest, power to arrest to be exercised with discrimination, [40], [41]
the first step in procedure toward conviction, [42]
after arrest prisoner taken before magistrate, [42]
on bench warrant if indicted by Grand Jury, [42]
on suspicion illegal but necessary, [43]
number of arrests in New York County in 1907, [46]
table showing nativity of those arrested, [46]
Arrest of judgment, motion for, [269]
Assault, power of magistrate should be extended to punish simple assault, [49]
Autrefois Acquit. See Pleas.
Bail, in case of misdemeanor may be assessed by sergeant on duty, [42]
right of accused to, except in case of murder, [85]
bail cases not tried in summer, [126]
forfeiture of, [127], [128]
recommendation for discharge of, [170]
"skipping" bail, [317]
Bauman, case of, [323]
Bench warrant, indicted and arrested under, [42]
Blindness, "An Act for the Prevention of," [15]
Branding, [266]-268, [278]
Breach of peace, [49]
"Bridge of Sighs," [115]
Capital punishment, no woman has suffered here in two decades, [299]
cases of, comparatively rare, [246]
Challenges, number of peremptory in homicide cases, [215]
reduction to reasonable number desirable, [325], [346]
in larceny cases, [346]
Cherry, "Tom," [73], [74]
Cignarale Chiara, case of, [299]
Clancy murder case, [325]
Code. See Statutes and Criminal Law
Cohalan, Daniel F., [216]
Commercial Crime. See Crime
Commission, to take testimony without state, [123]
application for, to take testimony for purpose of delay, [315]
right to take such testimony confined to defendant, [315]
motion for, [317]
to determine present mental condition of an accused, [369]-72
to determine mental condition at time of offense, [369]-76
desirability of such being permanent and salaried, [373], [374]
Commutation, of sentence for good behavior, [273]
how determined, [273]
periods of, (note) [273]
distinguished from indeterminate sentence, [274]
Complaints, in Court of Special Sessions, [63]
or informations, ancient form of, [89]
Confession, not sufficient to convict without corroboration, [330]
Contempt of court, practical inability of New York courts to punish editorial contempts, [347]
defined in Penal Code, [348]
Convictions, proof of prior, admitted for what purpose, [148], [166]
table showing percentages of, [175], [176]
too few, [177]
of innocent men almost unknown, [247], [336]
of women indicted, in same proportion as men, [299], [300]
County clerk, grand jurors drawn by, [358]
"County Detectives," [87]
Court officers as plea getters, [173]
Cowing, Rufus B., Judge, [255]
Crime, What is Crime? Chapter I, definition of, [1]
relation of, to wrongs, [1], [2], [3]
artificial character of laws defining, [4]
mala prohibita and mala in se, [6]
little significance in mere name of crimes, [6]
arbitrary nature of acts made crimes, [7]
relation of, to insanity, [22]
theory that crime is a disease overworked, [23]
criminal instinct in all, [23]
commercial crime favored by law, [24], [30], [223]
Crimes, definition of, limiting it to those who "make a living" thereby is inadequate, [28]
fundamental cause of, disrespect for law, [30], [334]
attitude of jury toward commercial crime, [210], [211]
What Fosters Crime? [Chapter XVII]
not on increase in proportion to growth of population, [334]
fostered by idea that criminal justice is slow and uncertain, [335], [336]
by constitutional safeguards, [335], [336]
by defects in our criminal law and procedure, [338]
by attitude of "yellow" press, [338]
by belief that higher courts reverse on technical grounds, [339]
by acquittal of guilty by sentimental juries, [340]-342
restraints on, [344]-346
fear of present criminal prosecution and punishment greatest restraint on, [344]-346
may be deliberate or the result of accident or impulse, [345]
Criminal Courts Building, description of, [115]
Criminal law, adapted especially to punishment of crimes of violence, [16]
impression of ordinary citizen concerning, [149], [335]
at present tends to retard and defeat justice, [336]
present state of, result of exaggerated regard for personal liberty, [336]
English system of, better than ours, [336]
leaves many technical avenues of escape, [338]
Criminal responsibility (see Insanity and the Law, [Chapter XVIII]), [350]
test of, [353]
unchanged since case of McNaughten, [353]
questions propounded by House of Lords to the judges, with their answers, [354]
delusions in the law of insanity, significance of, [355], [356]
doubtful interpretation to be given to words "wrong" and "know," [357]
Hadfield's case, [358]
Criminal responsibility, present New York test does not recognize any lack of inhibitory capacity, [359]
test is imperfect, inadequate, and vague, [357], [359]
difficult of application, [357]
juries disregard it except in extreme cases, [360]-366
expert testimony in insanity cases discounted by jury, [360], [361]
requirements of proposed new tests, [366]-368
Alabama test, [368]
the "defense" of insanity often confused with claim of present insanity, [369]
present insanity determined by commission, [369]-376
mental condition at time of crime should be likewise determined, [369]-376
defendant may refuse to permit examination, [370]
present ineffectuality of law in New York, [370]-376
could be easily remedied, [372]-374
plea of insanity should be made compulsory, [373]
defendants so pleading should be remanded for observation by permanent, salaried, expert commission, as in Germany and elsewhere, [373], [374]
probable unconstitutionality of other suggested remedies, [374]
Criminals, not necessarily worse than other people, [5], [9]
not usually criminal in all directions, [5]
generally specialists, [5]
intentional, as distinguished from accidental or occasional, [9]
as distinguished from sinners, [17]
Who are the Real Criminals? [Chapter II]
Charles D. Warner's definition of, [19]
traditional criminals few, [19]
the modern criminal, [20]
degenerate class of, exaggerated by continental writers, [21]
sentimentality concerning, over-done, [21], 23, [196]
majority of, not mentally defective, [22]
close relation between all, [22], [29]
why men are criminals, [24]
dishonest business men real criminals, [24], [25]
law at present favors business criminal, [25]
Criminals, professional criminals and degenerates form small proportion of law breakers, [29]
distinction between criminals and convicts, [42]
begin with petty infractions of law, [72]
professional criminals generally plead guilty, [148]
receive consideration for saving expense of trial, [148]
may obtain speedy trial if desired, [152]
weight given to prior conviction, [148]
Criminology, modern tendencies in, [17]
penological movements, first in direction of prison reform, [21]
and second in study of degeneracy, [22]
Cross-examination, use of, [231], [240]
impossible to cross-examine through interpreter, [239]
of women difficult, [291], [292]
Defendants, hostile attitude of courts to, in ancient times, [16]
present rights of, [16], [17]
presumed to be innocent, [44]
have right to counsel, [43]
sensations of, [45]
cannot be compelled to testify, [91], [326]
may move to dismiss indictment and thus retard trial, [91]
may easily obtain speedy trial, [152]
their own testimony generally convicts, [154]
rapid trial redounds to their benefit, [156]
if innocent need not fear to testify, [162]
majority of those failing to testify convicted, [163]
may defend themselves, [164]
often wise to rest on People's case, [164]
danger to, by perjury of one of their own witnesses, [164]
influenced to plead by result of prior cases, [174]
benefit by prosecutor's desire to dispose of case, [220]
favored by jury, [222]
description of, while waiting verdict, [241]
right to poll jury, [247]
when convicted rarely show emotion, [247], [248]
may present plea for clemency before sentence, [271]
latitude allowed, [337], [338]
(See Criminals.)
Degrees of crime, arbitrary character of, [8]
Delays, The Law's, Chapter VII
secured by motions based on irregularities before Grand Jury, [93]
delay the first, in the police court, [108]
delay the second, before the Grand Jury, [114]
delay the third, pleading, [119]
delay the fourth, in preparation of case for trial, [121]
delay the fifth, after case on calendar, before trial, [122]
delay the sixth, dilatory tactics of counsel for defense, [123]
delay the seventh, bail cases not tried in summer, [126]
delay the eighth, forfeiting recognizance, [126]
alienates support of citizens, [129]
defendant has everything to gain by delay, [314]
method of securing, [315], [316]
motions to secure, [316]
many penal statutes and procedure tend to retard and defeat justice, [336]
(See Red Tape, [Chapter VIII], [129].)
Delusions, significance of, in law of insanity, [355], [356]
Dementia præcox, [351]
Demurrer, [316]
Dinser, Gustav, case of, [289]
Disagreements, two equivalent to acquittal, [220]
large number of trials resulting in, [244]
Disorderly conduct, jurisdiction over, by magistrate, [49]
Dodge-Morse divorce case, [321], [322]
Donohue v. N.Y., N.H. & H.R.R., case of, [259]
Dummies, [318]-322
attempt to induce witness to identify, [321], [322]
most famous case of, [321]
District Attorney (see Prosecutor), power to act when magistrate discharges, [47], [48]
copies papers forwarded from magistrate and subpœnas witnesses for Grand Jury, [87]
prepares calendar for Grand Jury, [87]
draws indictments, [87]
preliminary examination of witnesses by, [117]
a quasi-judicial officer, [167], [168]
limitations placed upon, by laws of evidence and procedure, [165], [168]
District Attorney, should move defendant's discharge if convinced of innocence, [168]
has same latitude in summing up as defendant's attorney [168]
in presentation of case, People should have same rights as an individual, [168]
should win confidence of jury, [169]
function of, [304]
can rebut defense more easily where it has been exposed before magistrate, [312]
necessity of examination of jury by, [323]
Electric chair, jury send to, only in atrocious cases, [213]
Ellis, William H., case of, [315], [316]
Elmira, release from, [165]
sentence to, indeterminate, [165]
Evidence, character of defendant provable only when put in issue by himself, [161], [166]
defendant's right to give, himself, [161]-162
but no inference to be drawn from defendant's failure to testify, [160], [162]
rule permitting defendant to testify practically forces him to do so, [163]
good character of complainant and witnesses only provable on attack, [167]
amount of strictly accurate testimony very small, [225]
"refreshing recollection," in practice absurd, [235]
method of refreshing recollection, [235]
(See Witnesses)
Ex Parte, proceeding before Grand Jury is, [90], [99]
Felix, John, case of, [15]
Felonies, The Trial of, [Chapter IX]
(See District Attorney, Prosecutor, Defendants, etc.)
distinction between felonies and misdemeanors often without merit, [30]
number of persons arrested for, [85]
should be prosecuted by information, [100]
rapidity of trials for, [152], [154]
description of trials for, [150]
attempted suicide, [171]
compounding, by agreeing not to prosecute, [349]
Foster, Judge Warren W., [216]
"Franklin Syndicate, The," [26]
Fursman, Judge, [321]
General Sessions, Court of, appeal to, from magistrate's courts, [47]
procedure in, [119], [150], [151]
description of (see Felonies), [150]
Goff, Recorder, [86], [290]
Habeas Corpus, for prisoners held in police court, [43]
to test magistrate's jurisdiction, [47]
only remedy for illegal commitment, [49]
writ of, often secured for delay, [317]
Hackett, Orlando J., case of, [290]
Hadfield's Case, [358]
Harris, Carlyle W., case of, [263], [264]
Hawkins, Sir Henry, on want of uniformity in sentences, [189], [190]
Homicide, typical case of manslaughter,[ 8]
large proportion of defendants charged with, plead guilty to manslaughter, [174]
charge of court in cases of, [243]
verdicts in cases of, [246]
sentence in cases of murder fixed by law, [261]
larger proportion of women indicted convicted of, than men, [334]
Howe, "Bill," [297], [298], [323]
Howe & Hummel, [322]
Hummel, Abraham, [321], [322]
Imprisonment, pending appeal, advisability of, [346]
Impulse. See Irresistible.
Indeterminate sentence, definition of, [273]
constitutionality of, upheld by courts, [274]
distinguished from commutation, [274]
Indictments, found by Grand Jury, [81]
"true bills," [82]
number of, found, [85]
drawn by District Attorney, [87]
form of, [87], [88]
for larceny, [88], [89]
invalid, when, [91]
defendant may move to dismiss, when, [91], [92]
ratio of women to men indicted, [292]
not "pigeon-holed" or "lost" in New York County, [314]
motion to dismiss, [317]
for forgery, [331]
Information, in Court of Special Sessions, [48], [49]
Information, of aggrieved party, old form, [89]
proceeding by, in different states, [100]
all felonies should be prosecuted by, [100]
Insanity, not true that majority of criminals are mentally defective, [22]
sentence cannot be pronounced on insane person, [269]
how those insane at sentence are dealt with, [269]
defendants unlikely to feign, at sentence, [270]
used as means of avoiding trial by rich, [317]
As a Defense to Crime, Chapter XVIII, [350]
(Also see Criminal Responsibility and Commissions)
Inspection, of Grand Jury minutes, [122], [316]
Interpreters, usually very incompetent, [239]
difficulty of cross-examining through, [239]
Irresistible impulses not recognized by present New York test of responsibility, [359]
Johnson, Richard, words of, before sentence, [262]
Judge, The ([Chapter X]), functions of, [178]
most difficult function of, to impose sentence, [178], [179]
his conduct during trial, [179]
may "sum up" in England but not here, [179], [337]
his business practically to "even things up," [182]
should interrogate witnesses, [182]
difference between his theoretical and practical functions, [179], [182]
should not interfere with jury on questions of fact, [183]
able to convey opinion to jury despite the law to contrary, [184]
most judges too lenient, [187], [195], [196]
tendencies often well known, [187], [188]
want of uniformity in sentences, [189], [199]
interference with judges in sentences, [191]
matters presented to, in determination of sentence, [192], [193]
restitution considered by, in sentencing, [195]
reasons for leniency, [195], [196]
fear of reversal, [196]
Judge, impression that judge is easy-going or subject to influence conduces to lawlessness, [197]
judicial propriety desirable, [198]
sometimes gives benefit of reasonable doubt after conviction, [199], [200]
inequality in punishment, [200]-202
no place for weak judge, [204]
when a law-breaker, [210]
responsibility of, in sentencing, [261], [272]
Judgment, arrest of, [269]
Jury, Grand ([Chapter VI])
power to hold for, by magistrate, [47]
indict as matter of course, [56]
indictment must precede trial for felony, [81]
composition of, [81], [82]
finding true bill by, [82]
is archaic, [82]
procedure by information in states where there is no grand jury, [82]
first record of Grand Jury proceeding in New York, [82], [83]
number of persons held for, in last six years, [85]
how chosen, [86]
charged by judge, [87]
calendar of, prepared by district attorney, [87]
nature of proceedings before, [90]
may send for witnesses, [91]
relieves district attorney of responsibility for failure to prosecute, [91]
historical development of, (footnote) [92]-95
irregularities before, [93]
power as general inquisitorial body, [93], [94]
power of, vast, [94]
tendency to exceed powers, [95], [96]
presentment by (see Presentment), [96], [97]
why not abolish? [99]
original necessity for, has disappeared, [98], [99]
one purpose only for which it should be continued, [98], [101]
original advantage of, [99]
out of harmony with present institutions, [99]
few cases originate before, [100]
abolished in certain states, [100]
subpœnas to appear before [115]
description of proceeding before, [116]-118
delay before, [119]
indict for "murder" in most homicide cases, [174]
Jury, Petit ([Chapter XI]), trial before, after indictment, [56]
disinclination of, to convict, [57]
find it difficult not to be prejudiced by defendant's failure to testify, [160], [161]
improves with service, [169]
see little of professional criminals, [148], [169]
inclined to take law in its own hands in trivial cases, [171], [172]
inclined to convict on substantial evidence in serious cases, [172]
petty offender profits by lawlessness of, [172]
why efficient in criminal cases, [172]
when at its best, [173]
apt to acquit early in term, [173]
percentage of convictions to acquittals by, [175], [176]
function of, [205]
capacity of, [205]
apt to usurp functions of judge, [206]
English jury more satisfactory, [206]
have little regard for law here, [207], [208]
inaccuracy of verdicts by, [209]
reason for arbitrariness on part of, [209]
attitude of, toward different crimes, [211], [212]
have small regard for life, [209], [213]
time require to select, in homicide case, [215]
futility of wasting time in selection of, [215]
some examination of, imperative, [216]
method of escaping service on, [217]
often contains officious members, [219]
desirability of homogeneity in, [219], [220]
eleven jurors should find verdict, [221], [222]
favors defendant, [222]
practically successful, [223]
first member of, selected is foreman, [243]
take time before returning verdict, [253]
deliberations of secret, [254]
failure in duty by, [255]
the influence of one strong-minded member upon, [255], [256]
effect on, of women's evidence, [293]
effect of appeals to sympathy, [322]
disregard the law in applying test of criminal responsibility, [360]-366
Jury system, works best in criminal cases, [192]
a practical success, [223]
works "substantial justice," [223]
brought in contempt by sentimental or lawless acquittal, [343], [344]
Jurisdiction, of magistrate, [47]
of courts tested by habeas corpus, [43], [47]
Larceny, magistrate compelled to hold defendant for higher court in all cases of, [48]
summary jurisdiction of magistrate should be extended to petit larceny, [48]
now frequently treated in police courts as disorderly conduct, [49]
form of indictment for, [88]
grand, value necessary to constitute, [102]
Lawyers, retained to advise prospective criminals, [10]
seek to postpone rather than hasten trials, [152]
business of, to create reasonable doubt, [304]
(See Shysters)
Legal Aid Society, [77]
"Legal" insanity, [354], [360]-366
Levy, Abraham, [323]
Lincoln, Abraham, advice of, [326]
Liquor Tax cases, the bane of Special Sessions, [69]
few convictions for violation of (see note), [210]
juries reluctant to convict in, [70], [209], [210]
Livingston, case of, [13]
Magistrates, broad power of, [43], [48]
committment by, [45]
how regarded by humble classes, [46]
number of cases disposed of yearly by, [46]
jurisdiction of, [46], [47], [48]
power to hold for higher court of, [47], [85]
jurisdiction of, should be extended over petit larceny and simple assault, [48], [49], [57]
jurisdiction of, over breach of peace, [49]
tendency of, to hold for higher courts rather than spend time for examination, [56]
power of, for good, [58]
close contact of, with police, [58]
appointment of, generally political, [59]
(See Police Courts)
Mala prohibita, as distinguished from mala in se, 6
illustrations of, [10]
Manhattan Bank, case of, [254]
Mayhem, crime of, [316]
McCord, People vs., case of, [12]
McNaughten's case, [353]
doctrine of, [354]
"Medical" insanity and "legal" insanity, [354], [365]
Miller and "The Franklin Syndicate," [26]
Misdemeanors (Chapter V), may be morally worse than felonies, [6]
illustrations of what are, in New York state, [10]
distinction between, and felony often without merit, [30]
tried in Special Sessions, [85]
(See Special Sessions)
Mock Duck, case of, [218], [318], [319]
Moran, trial of, [216]
Morse-Dodge divorce case, [320], [322]
Motions, for delay in proceedings, [316], [317]
New trial, motion for, at sentence, [276]
"Not proven," inadvisability of a verdict of, [244], [245]
Nott, Charles C., "In the District Attorney's Office," [155]
cases cited by [162], [166]
quoted on defendant's failure to testify, [163]
Oath, in police court, [112]
before Grand Jury, [118]
Omissions, usually not crimes, [10]
illustrations of, [10]
Osborne, James W., [328]
Parker, Mabel, case of, [330]
Parole. See Suspended Sentence
Patterson, Nan, case of, [299], [301], [335]
Pedigree, taking of, [155], [248], [252]
Perjury, crime of, [224], [225]
large amount of, among defendants' witnesses, [225]
false answer in taking pedigree is perjury, [251]
women more ready to commit, than men, [285]
in defendant's own testimony, [311]
Plea, in Court of Special Sessions, [63], [120]
in abatement, [92]
of "guilty," "not guilty," and "autrefois acquit," [92]
withdrawal of, [155]
benefit of clergy, [266]-[269]
of "insanity" should be compulsory, where defense is anticipated, [373]
Police Courts ([Chapter IV]). See Magistrates
right of arrested to immediate hearing in, [43], [85]
right to counsel in, [43]
attitude in, toward defendants, [44]
description of, [44], [109]
harsh treatment in, [45]
proportion of cases there disposed of summarily, [45]
great importance of, [45]
a day's work in, [50], [56]
proceedings in, [110], [111]
delay in, [113]
Police headquarters, described, [32]
Police judge. See Magistrate
Police officers, great awe of persons in general for, [31]
right to arrest (see Arrest)
contact with magistrate, [58]
assault on, [70]
the police sergeant, [107]
Police station, proceeding in, [107]
"Policy," business of, [319]
(See Al. Adams)
Polling, of jury, [247]
"Poor Man's Court of Appeals, The." See Police Courts.
Prescott, quoted on integrity of judges among Aztecs, [198]
Presentments, by Grand Jury, [96]
often unnecessary and frivolous, [97], [98]
Press, sensational press fosters crime, [334], [338]
domination of court room by, [347]
trial by, [347], [348]
Property clerk, at police headquarters, [132], [134], [137], [138], [146], [147]
at district attorney's office, [134]
Prosecutor, effect of experience on, 4
often protects accused from shysters, [78]
delicate position of, when informed of facts inadmissible in evidence, [166]
allowed small latitude, [337]
(See District Attorney)
Punishment, unfair apportionment of, under the law, [26]
once a matter of private vengeance, [32]
now for protection of public safety, [32]
desire for punishment of accused still moving cause of most prosecutions, [32]
imposed by magistrate, [47]
inequality in, the exception, [200]
(See Sentences)
Purdy, Ambrose H., [324]
Questions of House of Lords to English Judges after McNaughten's case, [354]
Reasonable doubt, definition of, [160]
giving benefit of, after conviction, [199], [200]
difficulty in finding guilt beyond, [244], [245]
defendant entitled to benefit of, [304]
certificate of, [346]
Recognizance, form of (see Bail), [127]
Recommendation, cases dismissed on, of district attorney, without trial, [170]
ground of, [170], [171]
to mercy by jury, [245]
to mercy usually considered by jurors as part of verdict, [245]
to mercy, facilitates agreement, [246]
"Red Tape" ([Chapter VIII]), at police headquarters, [137], [138], [144], [147]
at district attorney's office, [140], [143]
(See Delays)
Requests, to charge, [339]
Reversals of convictions, effect on community of, [198]
number of, on appeal, [339], [340]
rare on technical grounds in New York state, [339]
usually fault of trial judge, [340]
"Ringers," [318]-320
"Runners," methods of, [73], [75]
Scannell, John J., case of, [92]
Schorling, J. Holt, quoted, table of increase and decrease in specific crimes, [20]
Sentences ([Chapter XIV]), want of uniformity in, [189], [199]
judges too lenient in, [187], [195]
matters considered by judge in imposing, [192], [195]
impossible to secure equality in, [200], [202]
table showing sentences for different crimes, [201], [202]
might be imposed by judges en banc, [203]
for perjury, heavy, [224]
jury would be more severe in, than judge, [245]
for murder fixed by law, [261]
great responsibility of judge in matter of, [261]
to life imprisonment, [264]
of death in all felony cases, formerly, [265]
Sentences, motions to arrest judgment, [269], [270]
appeal for clemency before, [271], [272]
little mercy to old offenders in, [272]
(See Indeterminate Sentences)
remarks of judge at time of, [274], [275]
lightness of, [275]
advantages of short sentences, [275]
"Shysters," methods of, [58], [74]-80, [122], [327]
(See Tricks of the trade)
"Sick engineers," [14], [170]
never plead guilty, [170]
Special panel, [173]
Special Sessions, Court of (see Misdemeanors), information in, [48]
power to try petit larceny cases, [48]
old court of, [62]
present composition of, [62]
number of cases disposed of in, [62], [63]
procedure in bringing cases before, [63]
speedy trial in, [63]
jurisdiction of, [64], [65]
rapidity of procedure in, [65], [66]
Liquor tax cases in, [69]
attitude of, toward assaults on police officers, [70]
practically final court of disposition for misdemeanor, [71]
important cases often tried therein, [71]
efficiency of, [62], [72]
lawyers in, [72], [73]
menace of "shysters" in Special Sessions and police courts, [79], [80]
Statutes, multiplicity of, undesirable [12]
"to prevent blindness," [15]
punishing contempt, [348]
Stay, of proceedings, [317]
Stolen property, recovery of, by owner. See Red Tape
innocently receiving, [329]
Street walkers, [75], [76], [77]
Subpœnas, served by district attorney for Grand Jury, [87]
Summerfield, "Larry," [14], [26], [27]
Sweetser, William A., [321]
Supreme Court, Criminal Term, tries most of homicide cases, [174]
Suspended sentences, in large number of cases against first offenders, [195], [261]
Technicalities, reversal on technical grounds, [339], [340]
Technicalities, means to abolish, [347]
Test of criminal responsibility, [353]
proposed new tests, [360]-368
Thayer, J.B., on historical development of Grand Jury (footnote), [92], [95]
cited, [221], [301]
Thaw, case of H.K., [350], [370]
"Tombs," The, [115]
Tricks of the Trade ([Chapter XVI]), of the successful practitioner, [303]
bolder than in civil courts, [304]
inducing complainant to withdraw charge, [309], [310]
securing adjournments, [310]
persuading court that case is trivial, [310]
obtaining immediate hearing to find out People's evidence, [311]
waiving examination to conceal defendant's case, [311]
which are utilized after magistrate has held accused, [314]
securing permission for defendant to appear before Grand Jury, [314]
securing delay in trial, [314]
introducing "ringers" in place of real defendant, [318]-320
attempt to have witnesses identify dummies, [321], [322]
appeals to sympathy of jury, [305], [307], [322]
offer to "take first twelve" jurors, [323]
obtaining one favorable juror, [323]
getting members of same race as defendant on jury, [324]
gaining good will of jury by chance remark, [325]
defendant's counsel intentionally appearing intoxicated, [325]
supplying missing evidence in counsel's opening or closing, [326], [328]
getting one of two defendants to take entire blame, [328], [332]
most of them unsuccessful, [333]
True bill. See Indictment
Twitchell, case of, [282], [283]
Verdicts ([Chapter XIII]), lack of accuracy in, [209]
arbitrariness of, [209]
form of, [243]
procedure in rendering, [244]
difficulty in reaching, [244], [245]
of murder in first degree rare, [246]
how received by defendants, [246], [247]
slowness in reaching, [253]
Verdicts, in Manhattan Bank case, [255]
by eleven jurors, advisability of, [347]
Voir dire, [305], [324]
Warren, Chas. D., definition of criminals by, [19], [24]
within the definition, [24]
"Watch, The," [109]
Wellman's "Art of Cross-Examination," [282], [287], [298], [299]
Wigmore, Professor John H. See Introduction
"Wire tappers," wire tapping described, [14]
(See McCord and Livingston and Tompkins cases)
Witnesses ([Chapter XII]). See Evidence.
value of testimony of, [224]
original capacity of, for observing correctly, [225]
children make remarkable, [225], [226]
often honestly mistaken, [226]
present stronger testimony in court than upon preliminary examination, [228]
unconscious amplification by, [229], [230]
fallibility of the honest witnesses, [230]
recollect impossible details, [232]
who refresh recollection, [233]
ultimate test of value of testimony of, [236]
physical condition of important, [236]
to be convincing must be positive, [237]
the most effective witness with jury, [237]
measurement of time by, [238]
difficulty of finding language comprehensible to, [238], [239]
difficulty with foreign, [239]
Wood, Fernando, [319]
Women in the Courts ([Chapter XV]), sentences of, table, [202]
their evidence originally regarded with suspicion, [279]-281
men said to rely on power of [281]
Women in the Courts, reason, women on intuition, [281]
do not differ from men in original capacity to observe, [282]
confuse knowledge with imagination and belief, [282]
illustration, [283]
their habit of stating inference, [283]
more ready to swear testimony through than men, [284]
more ready to commit perjury than men, [285]
often make remarkable witnesses, [285]
frequently couple with answer statement damaging to defendant, [285]
silent cross-examination of, the most effective, [286]
old women simulating stupidity the most dangerous, [288]
more difficult to cross-examine than men, [291], [292]
testimony of, little different from men's, [292]
number of, indicted and tried, [292]
number of complaints by, [292]
tried by opposite sex, [293]
more likely to persuade jury than men [293], [295]
effect of beauty of, on jury, [295]
juries apt to be more lenient with, [296]
no woman has suffered death penalty in this country in twenty years, [299]
number of, convicted in proportion to those indicted compared with men, [299], [300]
number of, prosecuted, few, [300], [301]
earliest case on record of prosecution of woman for murder, [301]
larger proportion of, charged with murder, than men convicted, [334]
false popular impression that few women are convicted, [334]
Wrongs, relation of, to crime, [1],[2], [3]
huge number of, not crimes at all, [7]
ADVERTISEMENTS
BOOKS BY ARTHUR TRAIN
BY ARTHUR TRAIN
TRUE STORIES OF CRIME
FROM THE DISTRICT ATTORNEY'S OFFICE