The New York Tombs Inside and Out!: Scenes and Reminiscences Coming Down to the Present. A Story Stranger Than Fiction, with an Historic Account of America's Most Famous Prison.Munro, John Josiah
History
The New York Tombs Inside and Out!: Scenes and Reminiscences Coming Down to the Present. A Story Stranger Than Fiction, with an Historic Account of America's Most Famous Prison.
Munro, John Josiah
Crime -- New York (State) -- New York; Halls of Justice (New York, N.Y.)
We have no complaint against the Grand Jury. They are usually an
intelligent and upright body of men. But when they are in consultation
with the District Attorney they simply do what he tells them, without
knowing whether their acts are just or not.
That this reform of the Code of Criminal Procedure may be productive of
much good I would recommend,
1. _The abolition of the Grand Jury as an antiquated system._
I admit that the suggestion is somewhat radical, but for that matter all
reforms are radical that overthrow old systems, and are as a rule
bitterly opposed by conservative people.
The body known as the Grand Jury has come down to us through many
generations. But it may be well to know that the Grand Jury system is
not an absolute necessity. At the present moment it is nothing less than
_the appendix vermiformus_ of the District Attorney’s office. And as it
needs heroic treatment, it should be abolished without delay. The remedy
is excision.
In some countries, for example, like Scotland, there is no Grand Jury.
The work of preparing indictments against lawbreakers is done by a paid
official called the Procurator-Fiscal. He and his assistants make a
thorough investigation of every person against whom criminal charges are
laid, and if found that there is just cause for such action the accused
is then proceeded against in the criminal courts. If not, that is the
end of it and the county is spared the expense of further litigation.
In various States, grand juries are usually made up of rich men—owners
of real estate and persons of large means and business interests.
Whatever else the Grand Jury is, it certainly is not a representative
body. The poor man, no matter how good or intelligent he may be, is not
allowed to sit with them, nor has he any say in their deliberations.
They are composed of active or retired but wealthy business men, and
apparently have no real sympathy with the common people. Some Grand
Juries were ready to indict labor leaders, no doubt at the request of
the District Attorney, but when the case against the ice grafters came
up, Judge Rosalsky had to call special attention before anything was
done. But this should not be. Independent of the action of the District
Attorney, they might have indicted many of the rich thieves that stole
millions from the street railroads of New York, and without the aid of
the District Attorney they might have indicted several rich Insurance
grafters and took pains to see that they were sent to jail for stealing
the people’s money. Such action would have commended the Grand Jury to
the people. During the McClellan administration some of his own probers
have shown that many Tammany office holders have stolen thousands, if
not millions of dollars from the city. But neither Mr. McClellan nor Mr.
Jerome have taken sweet counsel together to send the grafters to jail.
The Grand Jury could have made an original investigation without the aid
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