PROCEEDINGS OF THE SECTION OF CRIMINAL LAW AND CRIMINOLOGY The meeting of the Section of Criminal Law and Criminology of the American Bar Association was held at the Olympic Hotel, Seattle, Washington, in two sessions, the first at 2.00 P. M. and the second at 8.00 P. M. on Tuesday, July 24, 1928. Both sessions were presided over by the Chairman of the Section. The following addresses and reports were delivered during the two sessions: The address of the Chairman by Justin Miller. (See infra, p. 534.) The report of the Committee on Psychiatric Jurisprudence. "The Prosecutor and the Plea of Guilty," by Raymond Moley. (See infra, p. 541.) "Reformation of Crime Conditions and Criminal Procedure in New York State," by John Knight. "The Professional Criminal and Organized Crime," by Arthur V. Lashly.* "The Law and Human Sterilization," by Otis H. Castle. (See infra, p. 556.) "Sterilization and Criminality," by Paul Popenoe. (See infra, p. 575.) Recommendations of the Section were later adopted by the Association upon the following points: 1. That cooperation be encouraged between the Section of Criminal Law and Criminology, and other important research agencies engaged in the study of the crime problem, including the setting up of cooperating committees and inviting representatives of such agencies to speak at meetings of the Section. *Copies may be had upon request to American Bar Association, 209 S LaSalle St., Chicago, Illinois. 2. Requesting the American Bar Association to authorize the appointment of a committee to work in cooperation with the Social Science Research Council in formulating, studying and carrying out research projects in the field of crime and the administration of criminal justice. 3. Requesting the American Bar Association to again authorize the Section to designate a committee to represent the Association at the annual meeting of the National Crime Commission. 4. Recommending that the Committee on Psychiatric Jurisprudence be continued in existence for further cooperative work with the American Psychiatric Association. 5. Recommending that the American Law Institute undertake the restatement of the substantive criminal law. Respectfully submitted, JUSTIN MILLER, Chairman. NOTE.-The names and addresses of officers and members of the Council of the Section of Criminal Law and Criminology appear at p. 17, supra. THE LAWYER'S PART IN THE SOLUTION OF THE CRIME PROBLEM. ADDRESS BY JUSTIN MILLER, CHAIRMAN, SECTION OF CRIMINAL LAW AND CRIMINOLOGY. If we may believe the reports which come to us from many sources, there has been no lessening of crime during the past year. One of two conclusions is open to us: Either we have not analyzed the situation properly to determine inherent causes, or we have not discovered and used the proper remedies. Our penitentiaries are crowded beyond capacity, our institutions for housing defectives are in a similar condition, court calendars are clogged, prosecuting officers are rushed beyond any possibility of effective action and police departments are crying for aid. A number of agencies, public and private, are at work attempting to analyze the situation and diagnose the trouble. Among these the following are entitled to particular notice: The National Crime Commission, organized about three years ago, has adopted as its main function, education leading to the formation of state crime commissions with the idea that the problem of crime is one which can be solved in each case only by state action and on the theory that state legislation and the improvement of state administrative methods are essential to a successful attack upon the problem. The Social Science Research Council, an organization composed of representatives of several outstanding national organizations in the field of the social sciences, has undertaken research work in attempting to establish fundamental principles involved in the solution of the crime problem. The first work which it has done consists of a preliminary survey of researches in the field of crime and the administration of criminal justice. It has recently approved and found funds for a survey of the methods of initiating prosecution in felony cases. The council maintains what is called an advisory committee on crime, which is charged with formulating projects for research work in this field. The National Association of Credit Men has raised a large fund which it is devoting to the prosecution of cases involving commercial crimes. The American Law Institute is engaged in the preparation of a model code of criminal procedure. The National Probation Association is making intensive surveys to determine the way in which probation laws are operating in various states. Similar work is being done by the American Prison Association, the International Association of Chiefs of Police, the American Institute of Criminal Law and Criminology, the American Psychiatric Association, and others of greater or less importance. With several of these the American Bar Association has been cooperating. In attempting an analysis of the problem, we can be certain of a few fundamental propositions. First, the number of crimes cannot be lessened by constantly passing laws defining new crimes. Every human action, which was formerly unregulated or regulated by conventions of society or by education or religious precept, which becomes the subject of legislation, adds to the number of crimes. Such prohibitory regulations as those affecting the use of liquor, the use of automobiles, the use of airplanes, will constantly swell the total. We may be equally certain that such tremendously increased loads as are produced by these new laws will overburden the old machinery of law enforcement and require its replacement with new and improved machinery. No manufacturing establishment would attempt to run on from decade to decade with machinery designed for one hundred or two hundred years ago. There being no fundamental principles of politics involved in industrial machinery or scientific equipment, it requires merely to demonstrate the practicability of a new invention in a laboratory to secure its adoption and to junk the old apparatus. Not so in the field of administration of criminal justice. The grand jury, the coroner, the trial jury, our elaborate system of criminal evidence, of appeals, and of punishments may have long since passed their period of usefulness, but we still treasure them jealously and content ourselves with defining new crimes and tinkering with a few rules of criminal procedure. Only recently have we come to a realization of the fact that we must have thorough-going and intensive research work done. to determine accurately the fact situation with which we must deal. It is well that such organizations as those previously mentioned should be engaged in this direction. It is well that the members of the American Bar Association should understand as clearly as possible the nature and extent of the problem, and should then make their contribution in that part of the field for which their training has best qualified them. The lawyer's field would seem to be, particularly, substantive and procedural criminal law. The American Law Institute has already undertaken the preparation of a model code and presumably can be safely trusted with that particular piece of work. It is planned to complete the code within three or four years. During that time, the representatives of the Institute will be happy to receive suggestions concerning the contents of the code and upon its completion, there will be a real opportunity for securing its adoption in the various states. Serious attention should be given to the field of substantive criminal law. Various efforts are under way to secure reliable statistics or information concerning the extent of crime, in order that it may be studied upon a comparative basis. Work along this line has been undertaken by the United States Census Bureau, by the International Association of Chiefs of Police, and by the National Crime Commission. Before adequate work can be done, a common basis for comparison must be established. The main obstacle in the way of this accomplishment is the difference between the definitions of crimes in the various states. If a restatement of criminal law, as it relates to the major felonies, could be agreed upon, this work would be tremendously expedited. It is well that we should begin to consider also, even more fundamental changes in our substantive criminal law. If we compare changes which have taken place recently in the administration of civil justice, it may suggest equally important changes in the criminal field. A large group of cases formerly tried in our civil courts have, in a number of states, been placed under the jurisdiction of industrial accident commissions. Another large group of cases has been placed under the jurisdiction of railroad commissions and public utility commissions. Important developments have taken place in the adjustment of civil |