The recently authorized State Compact Plan should help the States themselves in the achievement of more effective cooperation. The major portion of the task of crime repression should still remain with local authorities whose devotion to the cause of law enforcement has been so amply demonstrated by their enthusiastic participation in this Conference and their whole-hearted willingness to join with others in the solution of its problems, as well as by increasing evidences of success in meeting the challenge of crime in their own communities. IV That the Conference recognizes that criminal careers usually originate in the early years of neglected childhood and that the most fundamental and hopeful measures of crime prevention are those directed toward discovering the underlying factors in the delinquency of children and strengthening and coordinatng the resources of the home, the school, and the community for child training and child guidance. It commends the progress that has been made in certain States and localities in drawing together through such agencies as coordinating councils all available local forces to combat unwholesome influences upon youth. It urges State and National leadership through appropriate governmental and voluntary organizations, in fostering the development of these coordinating agencies, the provision of const uctive educational, vocational and recreational opportunities for youth, and the provision of competent, skilled service to children in need of guidance and correction. V That the Conference condemns the use of methods of dealing with industrial conflicts and racial antagonisms which are not in accord with orderly and lawful procedures, and urges the administration of all phases of public safety by legally constituted law enforcement agencies only. VI That the Conference deplores the abuse of the parole and the pardon power as tending to undermine respect for law and order. Parole when courageously and intelligently applied is an integral and necessary part of a protective penal system. The Conference recommends the continued use of parole as the safest method of release from prison, but under the following minimum conditions: 1. The minimum and maximum of indeterminate sentences should be compatible with adequate punishment, rehabilitation and public welfare and protection. 2. Paroles should be granted only by a full time salaried Board of duly qualified persons. 3. Full information should be available and sought for the use of the Board as to the prisoners' records, habits, environment, family and prospects. 4. The names of all persons endorsing a prisoner for parole should be made public on request of the press or any responsible person or organization. 5. No parole should be granted except where adequate employment and rigid supervision are provided. 6. Adequate appropriations must be provided for obtaining requisite data and furnishing necessary supervision. 7. One parole officer should not be expected to supervise more than a number to whom he can give adequate attention. 8. No political or other improper influence shall be tolerated. 9. Machinery should be provided for the prompt revocation of any parole when continuance at liberty is not in the public interest. VII That the Attorney General's Conference on Crime believes that the time is ripe for securing a substantial improvement in criminal procedure, and it therefore recommends to all legislatures which are meeting in 1935, a careful consideration of procedural recommendations, and particularly of the model Code of Criminal Procedure prepared by the American Law Institute and approved by the American Bar Association and the Association of American Law Schools. Specifically, it recommends the following provisions: 1. Giving the accused the privilege of electing whether he shall be tried by jury or the court alone. 2. Permitting the empanelling of alternate or extra jurors to serve in the case of the disability or disqualification of any juror during trial. 3. Permitting trial upon information as well as indictment. Where indictment by grand jury remains a constitutional requirement, waiver should be allowed. 4. Providing for jury verdicts in criminal cases by less than a unanimous vote except in the case of certain major felonies. 5. Adopting a principle that a criminal defendant offering a claim of alibi or insanity in his defense shall be required to give advance notice to the prosecution of this fact and of the circumstances to be offered, and that in the absence of such notice, a plea of insanity or a defense based on an alibi shall not be permitted upon trial except in extraordinary cases in the discretion of the judge. 6. Adopting a rule permitting court and counsel to comment to the jury on the failure of the defendant in a criminal case to testify in his own behalf. And it further recommends that committees on criminal law and its enforcement be appointed in every legislature for the consideration of these and other measures designed to improve criminal justice and that the American Legislators' Association cooperate with these committees. VIII That the Conference deplores the practice of unduly dramatizing stories of crime and glorifying the criminal. It commends the activities of those newspapers and periodicals which have rendered substantial aid in the identification of wanted criminals and have otherwise aided in supporting the law enforcing authorities. IX That the Conference specifically condemns (1) the unsafe, insanitary and insecure conditions which exist in many local jails throughout the country; (2) the possession of firearms by irresponsible persons and known criminals; (3) the activities of lawyer criminals; (4) the protection which is too often given to professional criminals and racketeers by persons in professional, business, political and official positions; (5) the generally prevalent abuse of bail; and (6) similar generally recognized evils in criminal law administration; and recommends the reference of the same to the permanent organization which may be set up to perpetuate the work of this Conference for the purpose of studying and recommending remedial action relating thereto. The 110 resolutions received by the Conference contain some further valuable suggestions for improvement. We recommend that all of these be given careful study by the permanent organization referred to above. MR. LOFTIN: That completes the reading of the report, Madam Chairman. As Chairman of the Committee I move the adoption of the report. ... The motion was seconded by Mr. Justin Miller ... CHAIRMAN POOLE: It is moved and seconded that the report be adopted. ... The question was called for... CHAIRMAN POOLE: That of course, you understand, means that you adopt the resolutions as a whole. The question has been called for. Those in favor say "aye," opposed "no." The "ayes" have it and the report is adopted as a whole, which of course contains the resolutions which you have heard read. (Applause) PROFESSOR ORLANDO WORTH STEPHENSON: I would like to move the thanks of the entire body of delegates for the splendid work that our Committee on Resolutions has carried out. It would seem highly improper that we should dismiss here this afternoon without recognizing by some kind of a whole-hearted vote that we respect and honor the work that they have done. (Applause) ... The motion was seconded by several delegates... CHAIRMAN POOLE: Those in favor of the motion of appreciation for the tremendous amount of work done by the Resolutions committee and its findings say "aye," opposed "no." The motion is carried. The session for this afternoon is adjourned. ... The meeting recessed at 5:00 o'clock... TENTH SESSION Thursday Evening, December 13, 1934 The final session was called to order at 8:30 p. m. by Mr. Justin Miller. CHAIRMAN MILLER: Ladies and Gentlemen: Over a period of several years I have been attending, participating in and helping to plan crime conferences and other meetings at which the problem of administration of criminal justice has been the subject under consideration. If I can qualify, in the term of the lawyers, as an expert witness in any field it is perhaps in this one, and as an expert witness let me testify that in the history of this country there never has been so successful a crime conference as that which we are now concluding, nor has there ever been a gathering in which this subject has been discussed where the prospects of future action have been so favorable as those which will eventuate as the result of this gathering. There is one man who is primarily responsible for this fact and for the success of this gathering. It is my privilege to pay tribute to him. The people of this country should be grateful that we have as Attorney General a man with the genius for administration, a man with the vision and imagination which has made this Conference possible. As he opened the Conference, so he will close the Conference, and he will speak to us tonight upon the subject, "Lessons of the Crime Conference." Ladies and Gentlemen, I present to you the Attorney General of the United States, Homer Cummings. (Applause) LESSONS OF THE CRIME CONFERENCE AN ADDRESS by HONORABLE HOMER CUMMINGS Attorney General of the Ladies and Gentlemen of the Conference: For many months I have been looking forward to this Conference. The results have exceeded my highest expectations. The problem of crime, as it confronts our people today, has been dwelt upon by the speakers who have addressed you in such vivid and effective fashion, that there is no occasion to attempt to restate it. It is enough to say that it is impossible to over-emphasize its importance or to depict, in adequate manner, the devastating effect of criminal activities as they affect practically every aspect of American life. If this Conference merely focuses the attention of our people upon the character of this menace, it has served a purpose for which all honest citizens should be grateful. But fortunately, it has gone much farther. I think it may truthfully be said that the Nation as a whole has awakened from a strange sort of torpidity and, like an aroused giant, is shaking off the chains in which it has been bound. The plain fact is that our country has been a laggard amongst the Nations of the earth in dealing with this crucial matter. The vehement agitation of a few, or the righteous indignation of a small minority, may stir limited groups and exercise a healthy and stimulating influence, but accomplishments of a real and permanent character can never be achieved without a stout-hearted public sentiment supporting the forces of law and order in every nook and corner of our land. It is only fair to say that the vast extent of our country, the existence of state lines, and the complicated and antiquated character of our law enforcing machinery have presented problems of peculiar difficulty, especially in the face of an increasing population, with constantly multiplying social and industrial problems, and inter-related in its contacts by the amazing developments in transportation and communication. To put it another way, America has outgrown |