NCJ Number
59402
Journal
JOURNAL OF THE AMERICAN INSTITUTE OF CRIMINAL LAW AND CRIMINOLOGY Volume: 14 Issue: 2 Dated: (1923) Pages: 284-289
Date Published
1923
Length
6 pages
Annotation
THE RECOMMENDATIONS OF A 1923 STUDY BY A COMMITTEE OF THE NEW YORK STATE LEGISLATURE INTO THE ADMINISTRATION OF JUSTICE BY COUNTY GOVERNMENTS ARE SUMMARIZED.
Abstract
CITING ABUSES IN THE TRADITIONAL COUNTY CORONER SYSTEM, THE COMMITTEE RECOMMENDED THAT THE CORONER'S OFFICE BE ABOLISHED. IN LARGER COUNTIES, MEDICAL EXAMINERS WERE TO BE INCORPORATED IN THE DISTRICT ATTORNEY'S OFFICE. IN SMALLER COUNTIES, THE DISTRICT ATTORNEY WOULD BE EMPOWERED TO AUTHORIZE LOCAL PHYSICIANS TO PERFORM EXAMINATIONS AND INVESTIGATIONS AS REQUIRED. THE COMMITTEE ALSO FOUND ABUSES IN JUROR SELECTION AND EXEMPTION SYSTEMS AND RECOMMENDED THAT SELECTION AND EXEMPTION DUTIES PERFORMED BY POLITICALLY APPOINTED JURY COMMISSIONERS (IN LARGE COUNTIES) AND ELECTED OFFICIALS (IN SMALLER COUNTIES) BE TRANSFERRED TO THE COUNTY CLERK'S OFFICE. SIGNIFICANT PROBLEMS WERE FOUND IN THE DUAL ROLE OF ELECTED JUSTICES OF THE PEACE, WHO BOTH HELD COURT AND RAN THE TOWN GOVERNMENT. MANY JUSTICES DISLIKED AND NEGLECTED THEIR JUDICIAL ROLE. OFTEN POTENTIAL TOWN LEADERS WOULD REFRAIN FROM RUNNING FOR OFFICE BECAUSE THEY DID NOT WANT TO BECOME INVOLVED IN JUDICIAL WORK. BECAUSE ABOLISHING THE OFFICE OF JUSTICE OF THE PEACE WOULD REQUIRE A CONSTITUTIONAL AMENDMENT AND WOULD LEAD TO MORE EXPENSIVE LOCAL GOVERNMENT, THE COMMITTEE RECOMMENDED THAT THE NUMBER OF JUSTICES IN EACH TOWN BE REDUCED AND THAT JUSTICES NOT PARTICIPATE ON TOWN BOARDS. PRIOR TO THE COMMITTEE'S STUDY, COUNTY SHERIFFS HAD BEEN PROHIBITED FROM COLLECTING FEES FOR SERVING CRIMINAL PROCESS. HOWEVER, THE SHERIFFS CONTINUED TO COLLECT FEES FOR SERVING CIVIL PROCESS. THE COMMITTEE RECOMMENDED STEPS TO PRECLUDE EXCESSIVE REMUNERATION TO SHERIFFS FOR CIVIL PROCESS SERVICE. THE COMMITTEE FOUND THAT RURAL CITIZENS REGARDED LOCAL CONSTABLES AS CIVIL PROCESS SERVERS AND WERE LOOKING TO THE STATE POLICE TO DEAL WITH THE CRIME PROBLEM THAT HAD ACCOMPANIED THE ADVENT OF THE AUTOMOBILE. IT WAS RECOMMENDED THAT THE NUMBER OF CONSTABLES BE REDUCED, THAT THE FEE SYSTEM OF COMPENSATION BE REPLACED BY A FIXED SALARY, AND THAT THE POSSIBILITY OF USING LOCAL CONSTABLES TO HANDLE MISDEMEANORS AND OTHER MINOR INFRACTIONS BE CONSIDERED. THE COMMITTEE ALSO NOTED THE NEED TO INCREASE THE SIZE OF THE STATE POLICE FORCE TO DEAL WITH THE BURGEONING RURAL CRIME PROBLEM.