Judges and Law ReformPDF电子书下载

Ⅰ．THE ADVANTAGES OF JUDGES ENGAGING IN LAW REFORM 3

Ⅱ．OF COURTS IN BOSTON AND SUGGESTED REFORMS 12

1．Organization of the Courts 13

2．Personnel and Administration 23

Ⅲ．THE HANDICAPS OF DISTRICT COURT JUDGES 31

1．The Flood of Petty Cases 33

2．The Absurd Appeal System 46

Ⅳ．SORTING THE GUILTY FROM THE INNOCENT 61

1．Percentage of Convictions is Higher in Some Large American Cities than in Boston 65

2．Percentage of Convictions is Lower in Boston than in Other Parts of Massachusetts 71

3．For Many Years a Smaller Percentage of Defendants Have Been Convicted in Suffolk County than in the Rest of Massachusetts 73

4．Cases are Seldom Adequately Prepared for Trial in the Superior Court in Suffolk County 76

5．Load of the Prosecutor＇s Office is too Great to Permit Adequate Preparation 80

6．Reform of Criminal Procedure would Improve only Slightly the Sorting of the Guilty from the Innocent 88

Ⅴ．THE SPEED OF CRIMINAL JUSTICE 92

1．Nature of Statistical Investigation 92

2．Results of Statistical Investigation 95

Ⅵ．THE JURY 116

1．The Selection of Jurors 119

2．A Central Jury Pool 130

3．More Consideration for the Interests of Jurors 132

Ⅶ．THE TRIBULATIONS OF THE PUBLIC 136

1．Discourteous Attorneys 137

2．No Waiting Room 140

3．Duplication of Hearings 141

4．Numerous Postponements 145

5．Ways of Reducing the Number of Hearings 148

6．Methods of Eliminating Continuances 152

Ⅷ．A DISPOSITION TRIBUNAL 156

1．Massachusetts Judges Have Wide Discretion in Determining What Sentence to Impose 157

2．Judicial Decisions Throw No Light on What Sentence a Judge Should Impose 159

3．Public Opinion Assists the Judge in only a Small Proportion of the Cases 160

4．Considerations Influencing the Judges in Sentencing 162

5．The Wide Variations in Sentences 165

6．Further Shortcomings of the Present System of Sentencing 169

7．A Disposition Tribunal 170

8．Procedure before the Disposition Tribunal 174

9．Jurisdiction of the Disposition Tribunal 177

Ⅸ．PERSONNEL AND ORGANIZATION 182

1．The Difficulties of Improving the Judiciary 182

2．Advantages of a Single Boston District Court 192

3．Organization of Court Attachés 194

Ⅹ．CONTINUOUS REFORM OF THE LAW 197

1．Recommendations Concerning Substantive Law 201

2．Procedural Recommendations 203

3．Other Procedural Recommendations 211

4．Recommendations Relating to the Bar 214

5．Appraisal of the Work of the Judicial Council 216

APPENDIX Ⅰ．Tables on Speed of Criminal Justice 227

APPENDIX Ⅱ．Hearings in Felony Cases in the Superior Court 236

INDEX 243