《Judges and Law Reform》求取 ⇩

Ⅰ．THE ADVANTAGES OF JUDGES ENGAGING IN LAW REFORM3

Ⅱ．OF COURTS IN BOSTON AND SUGGESTED REFORMS12

1．Organization of the Courts13

2．Personnel and Administration23

Ⅲ．THE HANDICAPS OF DISTRICT COURT JUDGES31

1．The Flood of Petty Cases33

2．The Absurd Appeal System46

Ⅳ．SORTING THE GUILTY FROM THE INNOCENT61

1．Percentage of Convictions is Higher in Some Large American Cities than in Boston65

2．Percentage of Convictions is Lower in Boston than in Other Parts of Massachusetts71

3．For Many Years a Smaller Percentage of Defendants Have Been Convicted in Suffolk County than in the Rest of Massachusetts73

4．Cases are Seldom Adequately Prepared for Trial in the Superior Court in Suffolk County76

5．Load of the Prosecutor＇s Office is too Great to Permit Adequate Preparation80

6．Reform of Criminal Procedure would Improve only Slightly the Sorting of the Guilty from the Innocent88

Ⅴ．THE SPEED OF CRIMINAL JUSTICE92

1．Nature of Statistical Investigation92

2．Results of Statistical Investigation95

Ⅵ．THE JURY116

1．The Selection of Jurors119

2．A Central Jury Pool130

3．More Consideration for the Interests of Jurors132

Ⅶ．THE TRIBULATIONS OF THE PUBLIC136

1．Discourteous Attorneys137

2．No Waiting Room140

3．Duplication of Hearings141

4．Numerous Postponements145

5．Ways of Reducing the Number of Hearings148

6．Methods of Eliminating Continuances152

Ⅷ．A DISPOSITION TRIBUNAL156

1．Massachusetts Judges Have Wide Discretion in Determining What Sentence to Impose157

2．Judicial Decisions Throw No Light on What Sentence a Judge Should Impose159

3．Public Opinion Assists the Judge in only a Small Proportion of the Cases160

4．Considerations Influencing the Judges in Sentencing162

5．The Wide Variations in Sentences165

6．Further Shortcomings of the Present System of Sentencing169

7．A Disposition Tribunal170

8．Procedure before the Disposition Tribunal174

9．Jurisdiction of the Disposition Tribunal177

Ⅸ．PERSONNEL AND ORGANIZATION182

1．The Difficulties of Improving the Judiciary182

2．Advantages of a Single Boston District Court192

3．Organization of Court Attachés194

Ⅹ．CONTINUOUS REFORM OF THE LAW197

1．Recommendations Concerning Substantive Law201

2．Procedural Recommendations203

3．Other Procedural Recommendations211

4．Recommendations Relating to the Bar214

5．Appraisal of the Work of the Judicial Council216

APPENDIX Ⅰ．Tables on Speed of Criminal Justice227

APPENDIX Ⅱ．Hearings in Felony Cases in the Superior Court236

INDEX243