Journal of Criminal Law and Criminology Volume 31 Article 9 Issue 5 January-February

Winter 1941 Current Notes

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Recommended Citation Current Notes, 31 Am. Inst. Crim. L. & Criminology 608 (1940-1941)

This Note is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. CURRENT NOTES

Newman F. Baker [Ed.] Northwestern University Law School Chicago, Illinois

Arrest Legislaion-The work of Pro- or suspected crime, whenever he rea- fessor Sam Bass Warner, in studying the sonably believes that he is in danger from law of arrest from a practical point of view such person carrying such weapon, and if and in drafting legislation on the subject, such person is carrying a dangerous wea- is attracting wide attention. It will be re- pon, such officer may take and keep it until called that a proposed act, drafted by Pro- the completion of such questioning, when fessor Warner, was printed in this Section he shall either return it or arrest such in the Sept.-Oct., 1940, issue (31 J. Crim. L. person. 317). Now another act has been prepared for the Rhode Island legislature and it "Section 3. Arrest-How Made. should be compared with the former draft. "(1) An arrest is made by the restraint The Rhode Island Act was written in sub- of the person to be arrested or by his sub- stance by Professor Warner and revised by mission of his person to the custody of the a number of experts. Mr. Sidney Clifford, person making the arrest. Commissioner on Uniform State Laws from "(2) No greater restraint than is nec- Rhode Island, is responsible for the lan- essary shall be used for the detention of guage used. The Act is set out below: any person, and no unnecessary or unrea- sonable force shall be used in making an "Section 1. Questioning and Detaining arrest. Suspects. "(3) A peace officer may use force dan- "A peace officer may detain any person gerous to human life to make a lawful abroad whom he has reason to suspect is arrest for committing or attempting to committing, has committed or is about to commit , whenever he reasonably commit a crime, and may demand of him believes that such force is necessary to ef- his name, address, business abroad and fect the arrest and that the person to be whither he is going; and any such person arrested is aware that a peace officer is at- who fails to identify himself and explain tempting to arrest him. his actions to the satisfaction of such peace officer may be further detained and further "Section 4. Resisting Illegal Arrest. questioned and investigated by any peace "It shall be unlawful for any person to officer; Provided, in no case shall the total use deadly force or any deadly or danger- period of such detention exceed two hours, ous weapon in resisting an illegal arrest by " and. such detention shall not be recorded a peace ufficer, if such person has reason- as an arrest in any official record. At the able ground to believe that he is being end of any such detention period the person arrested and that the arrest is being made so detained shall be released unless ar- by a peace officer. rested and charged with a crime. "Section 5. Arrest Without a Warrant for "Section 2. Searching for Weapons. a . "A peace officer may search for a dan- "A peace officer may without a warrant gerous weapon any person he is question- arrest a person for a misdemeanor, when- ing or about to question concerning any ever: [ 608 ] CURRENT NOTES

"(a) The 6fficer has reasonable ground person for a misdemeanor, he may instead to believe that a misdemeanor has been or issue to him a summons substantially in is being committed in his presence and that the following foim: the person to be arrested has committed or is committing it. (Summons) "(b) The person to be arrested in fact STATE OF RHODE ISLAND and has committed or is committing a misde- PROVIDENCE PLANTATIONS meanor in the presence of the officer, and To ...... in such case it shall be immaterial that the You are hereby notified to appear before officer did not believe him guilty or on un- the District Court of the ...... Judicial reasonable grounds entertained belief in District to be holden at ...... his guilt. in the ...... of ...... "(c) The officer has reasonable ground in the State of Rhode Island, on the ..... to believe that the person to be arrested has day of ...... ,19... at ...... committed a misdemeanor and either can- o'clock in the forenoon to answer to a not be arrested later or has fled the scene complaint (to be filed in said court) of the crime; provided, an arrest under charging you with ...... clauses (a) and (b) must be made within in violation of the laws of the State of twenty-four hours after the commission of Rhode Island. the misdemeanor, but an arrest under Hereof fail not, -s you will answer your clause (c) may be made at any time. default under the penalty of the law in "Section 6. Arrest Without a Warrant for that behalf made and provided. Dated at ...... a Felony. the ...... day of ...... 19.... "A peace officer may without a warrant Title ...... arrest a person for a felony, whenever: Department ...... "(a) The officer has reasonable ground Wilful failure to appear in answer to such to believe that a felony has been or is being summons may be punished by a fine of not committed and that the person to be ar- over one hundied dollars or imprisonment rested has committed or is committing it. for not over 30 days. Upon failure to ap- "(b) The person to be arrested in fact pear, a warrant of arrest may issue. has committed or is committing a felony, and in such case it shall be immaterial that "Section 10. Release of Persons Arrested. the officer did not believe him guilty or on "The officer in charge of any police sta- unreasonable grounds entertained belief tion may release any person in his station in his guilt. who has been arrested without a warrant: "(a) Without requiring such person to "Section 7. Arrest on Improper Grounds. appear in court, when he is satisfied that "If a lawful cause of arrest exists, the ar- there is no ground for making a criminal rest shall be lawful even though the officer complaint against such person or when made the arrest on an improper ground. such person has been arrested for drunken- ness but in the judgment of the officer need "Section 8. Arrest by Virtue of Warrant not be brought before a magistrate; or Not in Officer's Possession. "(b) If the arrest is for a misdemeanor, "A peace officer may without having the upon that person signing an agreement to warrant therefor in his possession arrest appear in court at a time designated. any person for whose arrest a warrant has "Section 11. Length of Detention. been issued, but after arrest, if the person arrested so requires, the warrant shall be "Every person arrested shall be released shown to him, as soon as practicable. either on bail or as provided in section 10 or shall be arrainged within twenty-four "Section 9. Summons Instead of Arrest. hours from the time of his arrest, Sundays "In any case in which a peace officer is and holidays excepted, unless a judge of the authorized to arrest without a warrant a district court of the district where he is de- CURRENT NOTES tained or of the district court of the district this statement was most encouraging. Su- where the crime was committed for good perintendent Wheeler has recently pre- cause shown orders that he be held for a pared a monograph on The Police Emer- further period of not exceeding forty-eight gency Defense Program, adopted by the hours. police of his State and City to deal with present Emergency conditions and those "Section 12. Severability (As It Appears in that may possibly develop later. It was Uniform Acts)." presented at a recent conference of Chiefs of Police and Law Enforcement Agents (F.B.I.) at Washington, D. C., and approved Wheeler fo Gault-A communication by that body. from Chas. A. Wheeler, Superintendent of Police, Bridgeport, Connecticut, was sent to the Editor-in-Chief. He says: Prison Populaion-The Bureau of the "In the May-June, 1940, issue I noted Census published its summary of prisoners piarticularly your Editorial, under the title: in State and Federal Prisons and reforma- 'Do the Police Read This Journal?' The tories, 1939, on December 23, 1940. Reports anecdote told by Judge Ulman was quite had been received from 108 institutions in interesting but the title even impressed me 46 States and the District of Columbia and the more and I feel beholden to answer the from 18 Federal institutions. No reports question. were received from Alabama or Georgia. "We not only read it but it is used in our The summary shows that of the total 66,024 Police Training School and our Probation- prisoners received from the courts by these ary Patrolmen absorb the contents, which institutions, 62,629, or 94.9 percent, were are educational to the new policeman, as men and 3,395, or 5.1 percent, were women, well as to the veteran of the force. Con- a ratio of approximately 18 men to 1 gratulations to you upon this splendid woman. Of the .total number, 62,000 were work, which is of untold value to any police classed as "felony" commitments and 4,024 department or police officer." as "misdmeanor" commitments. Coming from a Past President of the In- The felony offenses and number of Fed- ternational Association of Chiefs of Police eral commitments are shown below:

Total Federal Offense Number Percent Number Percent All offenses ...... 62,000 100.0 11,497 100.0 M urder ...... 1,829 3.0 16 0.1 (voluntary) ...... 1,281 2.1 5 - Manslaughter (negligent) ...... 187 0.3 3 - ...... 5,646 9.1 139 1.2 Aggravated ...... 3,234 5.2 49 0.4 ...... 12,669 20.4 149 1.3 , except auto ...... 10,975 17.7 681 5.9 Auto theft ...... 3,156 5.1 941 8.2 and ...... 1,948 3.1 749 6.5 Stolen property ...... 761 1.2 305 2.7 Forgery ...... 5,174 8.3 1,103 9.6 ...... 2,030 3.3 12 0.1 Commercialized vice ...... 421 0.7 270 2.3 Other sex offenses ...... 1,661 2.7 14 0.1 Violating drug laws ...... 2,245 3.6 1,862 16.2 Carrying, etc., weapons ...... 297 0.5 7 0.1 Nonsupport or neglect ...... 590 1.0 - - Violating liquor laws ...... 5,177 8.4 4,764 41.4 Violating traffic laws ...... 366 0.6 9 0.1 All other offenses ...... 2.....,353 3.3 419 3.6 CURRENT NOTES

The cIassifidation by age is shown by the ful and informed observer. One is that following table: Virginia has entirely too many jails; an- Total other is that far too many people are con- Age Number Percent fined in these jails. It has become almost Total ...... 62,000 axiomatic now that where jails exist the Not reported ...... 18 - Total reported ...... 61,982 100.0 courts will fill them up. It is the 'easiest Under 15 years ...... 31 0.1 way,' the path of least resistance. 15 to 17 years ...... 2,573 4.2 "The starkest and most depressing fact 18 years ...... 2,998 4.8 19 years ...... 3,557 5.7 is the supreme futility of it all. Nothing 20 years ...... 3,310 5.3 constructive is accomplished by throwing 21 to 24 years ...... 12,286 19.8 thousands of people into jail each year. 25 to 29 years ...... 11,839 19.1 More than three-fourths of jail inmates 30 to 34 years ...... 8,334 13.4 35 to 39 years ...... 6,269 10.1 are there because of liquor, vagrancy, or 40 to 44 years ...... 4,103 6.6 petty larceny. Society does not require 45 to 49 years ...... 2,820 4.5 any especial protection against these 50 to 54 years ...... 1,821 2.9 people. Jails obviously do not deter 55 to 59 years ...... 1,036 1.7 60 to 64 years ...... 529 0.9 would-be offenders and it is to be seri- 65 to 69 years ...... 313 0.5 ously doubted if even the most optimistic 70 years and over ...... 163 0.3 reformer could claim that jails rehabili- Median age ...... 27.6 - tate anyone. "If the public is not interested in the Hulbert Defines Criminal-The National human and social values involved, it should Safety Council has published in booklet at least be moved by the tremendous form the lectures given at the 29th National economic wastage of the present system. Safety Congress and Exposition, October If people could be aroused from their 7-11, 1940, by Dr. Harold S. Hulbert, an apathy they would demand that something associate editor of this Journal. On p. 26 be done to keep more people out of jail. we find a statement of interest. Dr. Hulbert No special legislation is required to do gives his definition of a "criminal." Would this. The citizens of every community any reader desire to formulate a better could surely devise some way of handling definition? "In our editorial meetings I juvenile delinquents other than putting have never heard the wise men define a them in jail. Steps could be taken to in- criminal. You can make your own defini- sure transfer of insane persons to State tion. I think a criminal is a person who is hospitals rather than holding them in jail. willing to hurt someone else for his own The thousands of 'drunks' who clutter up gain. That makes a person a criminal. the jails could just as well be left out-no There is also the super-criminal, a person one can point to any purpose that is who desires to hurt, because of his hates." served by imprisoning them. Other states .do not follow this practice. Above all else, Va. Jail Commiitals--In the November, that tremendous group 'killing time' in 1940, issue of "Virginia Public Welfare," jail because of inability to pay fines could published by the State Department of surely be kept out and required to pay Public Welfare, is a summary of commit- these fines on the installment plan. This tals to Virginia jails for the year ending would not only bring money into the pub- June 30, 1940. The number was 82,621. lic treasuries but would save the State the The total for juveniles, seventeen years of cost of supporting the offenders and their age or under, was 2,616. The committal families. No sound argument has ever rate was high, one in 32 as compared with yet been brought forward against the one in 120 for the nation as a whole. The practice of installment fines. cost of State prisoners in jail during the "The people in every community in this year was $514,151. State could organize Crime Prevention Commenting upon Virginia committals Units to study their local situations and the writer, Russell B. DeVine, said: devise corrective measures. This approach. "Certain inescapable facts inherent in would attack crime at the grass roots and this situation always confront the thought- might serve to check it at the source of CURRENT NOTES infection. And this would not cost any- different states. It also overlooks the fact thing but hard work and unending zeal!" that many young men who have been so convicted are not real criminals and may Criminals and the Draft-In the Decem- be excellent material for military service. ber, 1940, issue of "Probation," published "General Hugh S. Johnson, an Army by the National Probation Association, the man, takes the popular, unenlightened question of drafting probationers and view. He says in his column: 'Mothers of parolees was discussed by the Association's these boys wouldn't feel easy without the Executive Director, Charles L. Chute. He Army's rule. It works some hardships but said, in part: its repeal would work more.' On the other "Conflicting statements have issued hand Professor John B. Waite of the Law from Washington in regard to enrolment School of the University of Michigan in the draft army of men who have been points out that such a ruling actually fa- convicted of crime. Selective Service vors criminals or those who have at any Regulation No. 362, filed October 4, 1940, time been such, and encourages crime, and reads as follows: 'In Class IV-F (exempt) that such a ruling 'is a slap in the face to shall be placed registrants who are found all socially thoughtful persons who have to be physically, mentally, or morally un- so long been preaching the accepted doc- fit for military service; habitual criminals, trine that once punished wrongdoers must or persons convicted of or any necessarily revert to crime if their pun- crime which under the laws of the juris- ishment is permitted forever to stigmatize diction in which they were convicted is a them as unfit for social contact and unem- felony and which the local board deter- ployable wherever others are at work.' mines renders the registrant morally un- "Undoubtedly a movement will be fit for service.' According to a bulletin started to amend the federal law which issued by James V. Bennett, Director, Bu- now bars the enlistment of men in the reau of Prisons, Department of Justice, armed forces who have at any time been the legal division of the selective service convicted of . The War Depart- system ruled that 'this regulation leaves ment will be asked to conform to the rul- it to the discretion of the local registration ing of the Selective Service administrator board as to whether the felony of which which clearly indicates that each local an ex-prisoner was convicted renders the draft board may exercise its discretion as registrant morally unfit for service.' to whether or not a conviction of felony "The War Department, however, ac- renders the registrant morally unfit for cording to an Associated Press dispatch service. During the first World War the dated November 18, 'directed corps area draft boards generally followed this prac- commanders today to bar military service tice." to potential draftees who have been con- In this connection it is interesting that victed of a felony or who are on parole or the 70th Annual Prison Congress passed probation.' the following resolution at its October, "In explanation of this regulation, de- 1940, meeting: scribed as based on provisions of the Se- "As interpreted by the Legal Division lective Service Law, an order said that, of the Selective Service System, regula- 'The department feels that its duty to the tions governing the induction of ex-pris- greater number requires that it insure, as oners into the armed forces of the nation far as possible, that men inducted into under the Selective Service Act leave it service should not be forced in this close to the discretion of the local registration intimacy of barracks life to associate with board as to whether the felony committed a man who has been convicted.' by any registrant is of such a nature as "The ruling that all men who have ever to render him ineligible for military serv- been convicted of a felony shall be barred ice. Only habitual criminals and those from military service is an arbitrary one. convicted of treason are arbitrarily barred It overlooks the fact that some men will be from such service. This is the most signifi- excluded in one state but not in others cant recognition of the principle of in- because the definition of felony varies in dividualized treatment ever officially an- CURRENT NOTES nounced by those in charge of recruitment Michigan Situafion-The December, 1940, for the armed forces of the country . The issue of the News Bulletin of the Osborne American Prison Association endorses Association featured Austin H. MacCor- such a stand. mick's study: "The Michigan Corrections "Because it is fundamental to the whole Law and Partisan Politics," an interesting philosophy of modern correctional treat- picture of a good system suffering from a policy of political replacements. He made ment that ex-prisoners should be restored this sage remark: to the normal functions and responsibilities of normal society, including their rightful "It is easy tQ understand why any politi- place in the home, the church, the school, cal party does not wish a Civil Service law in industry and leisure time activities, ac- to be passed during the regime of the op- cording to their individual merit, we be- posing political party. Any party adopting lieve it is also right that they should be a sweeping Civil Service law is inevitably restored to their place in the program of accused by its opponents of trying to freeze national defense on the same basis. We its constituents into the offices which they do not believe that the Army, the Navy, hold and to secure them against loss of or, the Marine Corps should provide a their positions if their party goes out of dumping ground for ex-prisoners or that power. If Civil Service with all its advan- the military service should be used as the tages is ever to be established, however, place for disciplining unstable and anti- it is obvious that is must be passed during social persons. We do believe that there the regime of some political party and that are many offenders who have served or it will inevitably do what politicians con- are now serving successfully on probation sider an injustice to the party out of power. or parole or who may be paroled in the What Michigan needs with respect to its future, who are anxious to contribute their Department of Corrections, regardless of share to national defense and who because what may be true of the State departments they have learned how to live disciplined as a whole, is a moratorium from political lives would make excellent soldiers, sailors, manipulation during which both political or marines. We belive such men should parties are willing to allow a non-political administration to be given an opportunity become established, no to enlist in some matter what party or what individuals may branch of the military service if their in- be affected adversely for the time being. dividual record warrants it. At the present With the constant changes in personnel time this is not possible because a Federal that take place in any correctional depart- law,which has stood on the statute books ment for a variety of reasons and under a unrevised since 1877, prohibits the enlist- non-partisan Civil Service system, a ment of.felons in the military service of gradual process of equalization is certain to the country. take place and after a few years it will be 'IT IS THEREFORE RESOLVED, By found that a fair balance of personnel with this Congress, that the President and Ex- affiliations in both major parties will be ecutive Committee of this Association take brought about." such steps as may be necessary to lay be- fore the Congress of the United States an Department of Justice Proposal-The amendment to this law which will bring proposal of a State Department of Justice it in line with the policy now established for Oregon was discussed in this Depart- under the Selective Service Act, namely, ment in the last issue of the Journal (31 that such cases shall be decided only after J. Crim. L. 478-Nov.-Dec. 1940). The a careful examination of the facts in each Chairman of the Oregon Committee, Wil- liam L. Gosslin, case presented by competent authorities to is continuing his research and will present a competent board of review, his findings in the form and that no of an article soon to appear in this Journal. person except an habitual criminal and Meanwhile the movement for a State De- one convicted of treason shall be arbitrarily partment of Justice began to develop in barred from enlistment in the military Illinois. This was due in part to a change service of the country." in the state administration (A Republi- CURRENT NOTES can governor was elected in November). the most zealous states attorneys discharg- And also it was the result of the wide at- ing the duties of their offices without con- tention given to a, paper read- before the scious heed to local influence, still concern Illinois State Bar Association by Karl C. themselves in the main with the good of Williams of Rockford, Illinois. In brief Mr. their particular community rather than the Williams' proposal would amend the at- good of their state as a whole, even as to torney general and states attorney acts to the violation of important state laws. May create a new state department of investi- it not be said that generally speaking, gation under the attorney general. This sheriffs, states attorneys and police are would have both civil and criminal divi- content if they rid their community of the sions and would incorporate the present transgressor even though he may reappear state identification and investigation bur- elsewhere, and are unmindful of the ex- eau and the highway police, taking these tent to which the rest of the communities jobs out of politics and making career jobs in the state may be equipped to apprehend of them. or convict him? Thieves, robbers, pick- The attorney general would have at his pockets and other major offenders are disposal an efficient investigating, force that frequently organized on a state-wide basis, could be sent into any county on applica- but we are none too well organized to tion or need. The sheriffs and police of apprehend and remove them from state- each county would make immediate re- wide circulation. It does no lasting good ports on to this office, and would to drive them from one county to another. report all actions taken in each case. This "As a matter of fact, much of our crime would dispose of many cases never tried, today is 'transient' crime, committed by cases dropped without good reason, and persons who have no established residence unsolved cases. in any community. Someone has pointed It would interfere also, according to Wil- out that we have in this country now a liams, -withmany political prosecutions and floating population of upwards of two cases taken directly to the grand jury with- million people, tens of thousands of whom out hearing. Under the federal plan the are inevitably in the criminal class. The local attorneys must report on why cases removal- of such violators from one com- are taken directly before the grand jury, munity where the authorities are zealous, without hearing by commissioners. Pend- to another, is effortless; and all too fre- ing cases also must be listed and all actions quently today where a person 6ommits a reported. series of crimes in one community and Since the idea of a State Department of moves on to another, he is not apprehended Justice seems to be slowly gaining ground for those particular crimes. True, he may in all parts of the country, it is thought be apprehended later, but in all probability that certain parts of Mr. Williams' paper it will be because of an offense committed should be reproduced. He said: in another community., And were it not "Through our States Attorneys' Associa- for the methods of identification stimulated tion, our state police, our present state bu- by the Federal Bureau of Investigation reau of identification, our state police and the record of his prior crimes might never sheriffs' associations, the existing contacts be disclosed. between the office of the Attorney General "If for no other reason than the neces- and the different states attorney's offices, sity of maintaining adequate and modern the increasing cooperation between all state records of arrest and prosecution, some and local agencies and the federal law en- measure of supervision over local enforce- forcement agencies, we do have improved ment agencies and a coordination of their and improving relationships and coopera- activities might be said to be desirable. tion in the work of crime detection as well There the prosecutor is responsible only as prosecution throughout the state. We to the people who elect him, only instances still have far to go, however, toward a of the most glaring inefficiencies in the coordination of these functions on a state- operation of his office are likely ever to be wide basis. There is no broad state policy brought to light, just as he is likely to be with respect to most prosecutions. Even called upon to answer for only the most CURRENT NOTES glaring abuses of power. And the same Enforcement Agencies and Functions: De- must be said of the operation of our partments of Justice and Public Safety; sheriff's offices, the inadequacy of many State Police and the Militia; Highway Pa- of which has been disclosed in Illinois by trols; Identification, Investigation, Statis- a recent survey of the Bureau of Rural tics, Etc.; Fresh Pursuit and Extradition Crime Prevention. of criminals; Local Enforcement: The "Proponents of the plan of coordinating Sheriff and Other County Agencies and our state law enforcement agencies under Functions; Powers of Cities, Towns and a State Department of Justice with super- Unincorporated Communities; Private vision by the Attorney General tell us that Police and Detectives; Crime Prevention: it will go far toward curing the evils ex- General Preventive Measures; The Juve- emplified by inadequate office records and nile Delinquent and Pre-Delinquent; Con- the absence of uniform records, the failure trol of Weapons and Narcotics; Begin- to keep data essential to studies of crime "ningsin Procedural Reform: Role of the and its suppression, the lack of available Attorney General in Criminal Prosecution; records on second offenders, carelessness Trial Procedure and Supplemenary Mat- in the preparation of cases, a lack of system ters; Evidence and Witnesses; Prisons and in the handling of work and assignment of the Prisoner: Commitment and Institu- cases in larger communities, the absence tional Treatment; Convict Labor and Con- of methods of fixing personal responsibility; vict Made Goods; Probation and Parole; all of which insofar as the business of Pardon, Commutation, Etc. prosecution is concerned tend to lead The Editor has found the compilation toward delays, nolle prossing of cases, sus- to be accurate and extremely useful. The pended sentences, pleas of guilty to lesser work was done by Elizabeth A. Banks offenses, and light or reduced sentences. under the direction of Margaret W. These are evils of which we have heard Stewart. much for many years, despite the fact that much of the attention and concern of our English Treachery Act, 1940-The bar associations has been devoted to sub- Treachery Act, 1940, became law on the stantive law and procedure rather than to 23rd May last and came into operation on the administration of the laws. If we have the same day. It is designed to expire at hand a plan for a better administration "after such day as His Majesty may by of the criminal laws of our state and one Order of Council declare to be the date which eliminates even a part of its de- on which the emergency which was the ficiencies we may do well to give it the occasion of the passing of this Act came serious consideration it appears to be re- to an end" (section "6). The Act provides ceiving elsewhere in the nation." the death penalty for treachery and a simpler form of procedure for the prose- cution of many offences which until now Crime Laws-The Library of Congress could only be dealt with under the law publishes each biennium a State Law In- relating to treason. The old law remains dex-an index and digest to the legislation but is likely to be superseded by the pro- of the various states enacted during the visions of the new Act. Section 1 is as period. In addition it issues as a special follows: "If, with intent to help the enemy, report the criminal laws, the latest being any person does, or or conspires "Crime Control, State Laws, 1935-1938 with any other person to do, any act which inclusive." This booklet may be obtained is designed or likely to give assistance to from the Superintendent of Documents for the naval, military, or air operations of the ten cents. enemy, to impede such operations of His "Crime Control" is a record of four years Majesty's forces, or to endanger life, he of state legislation and is arranged to show shall be guilty of felony and shall on con- developments in the following fields: viction suffer death." Section 2 provides Combating Organized Crimes: Federal that offences against the Act shall be Consent and Cooperation; Interstate Com- prosecuted on indictment and that the pacts; Uniform Laws and Model Laws; procedure on conviction shall be the same State Conferences and Surveys; State as in cases of . CURRENT NOTES

Philadelphia Prison Report-We receive an attractive 40 page booklet packed with and examine many state reports from De- pungent criticism, backed up by statisti- partments of Correction, wardens, and cal tables. One interesting observation con- superintendents, but seldom do we see a cerned the assignment of New York police- report describing minutely the organiza- men to "out of command" tasks, tion and administration of a county or city During the typical month of June, 12,- institution. The recent report of the Board 106 "out of command" assignments were of Inspectors of the Philadelphia County made. Each assignment took a patrolman Prison covering the year 1939, prepared away from his regular work for an eight- under the supervision of Professor Thor- hour day. The 12,106 days thus accounted sten Sellin, a member of the Board, is an for were the equivalent of taking 404 men interesting, attractive booklet of 48 pages, off the force for the 30 days of the month. containing 24 tables, and thoroughly de- For "labor duty"-with picket lines, at scribing the activities within the Prison. plant elections under the direction of Complete personal data is presented cover- Labor Relations -Boards and the like- ing age, race, sex, offense, time served and 4,165 assignments were made. The average population movement. The part dealing number of men on such duty daily was with administration covers: classification, 139. There were days when the total food, health, educational work, library, reached 160. On "general assignments" recreation, visits, correspondence, work, were an average of fourteen sergeants and religious and welfare activities, commis- 159 men, for a total of 5,194 days. These sary, discipline, discharge. In fact, after men were on duty at public meetings and reading the Report we could visualize the ceremonies, baseball games, La Guardia institution; it was described in such a man- Airport, the World's Fair, and Central ner that we could see in our minds the Park, and in extra details in the 30th (Har- whole prison-appearance, personnel, and lem) Precinct and in districts particularly daily life of guards and prisoners. The Re- subject to from pedestrians. On June port is an excellent sociological document. 6, at the historic Sunday School parade The Board of Inspectors, 11 in number, that marks Anniversary Day in Brooklyn, are appointed by the Court of Common 83 officers and 935 patrolmen were on Pleas. Since 1856 all vacancies on the duty. On June 20, at the Louis-Godoy Board have been created by deaths or by fight at the Yankee Stadium 144 officers resignations! The Board of Inspectors an- and 1,585 men were on duty-809 in and nually elect their own president and other around the Stadium; 715 on patrol through officers, appoint the superintendent of the Harlem, and 205 on reserve. Note: a prize prison, a matron for the woman's depart- fight resulting in the "out of command" ment, the prison physicians and the clerk. assignment of 1,729 men! They fix the salaries of all employees, supervise the institution through a visit- Rural Crime Prevention-Mr. T. P. Sul- ing committee of three members, the mem- livan, Superintendent of the Division of bership being changed monthly, make rules Identification and Investigation in the De- and regulations and in general determine partment of Public Welfare in the State the policies of administration. Various of Illinois, makes an interesting statement committees of the Board supervise the dif- on this topic in the latest (1940) annual ferent activities within the institution and report of the Department. He says: "Co- stated monthly meetings are held at which ordination of rural efforts in crime preven- the superintendent reports on the problems tion has been the goal of this service. The of management and actions are taken to development of farmer organizations to deal with these problems and others which work with sheriffs and state's attorneys, have arisen. has brought results. Accomplishments of this program are demonstrated by results Policemen Who Do Not Patrol-The Citi- in St. Clair County. zens Committee on the Control of Crime "For years the rural area of this in New York recently issued its annual county was overrun with thieves and Report, "Crime in New York City in 1940," swindlers and the local officials aided CURRENT NOTES by various groups of farmers and turn of his property. Individual losses representatives of this Division, set up an from this source reported during 1939 have organization and through these efforts a been as large as $2,000.00. gang of forty-three swindlers, who had "Swindlers of various types obtain more fraudulently obtained approximately $50,- money than all the rest of the criminals 000.00 by selling fake correspondence combined. It is estimated losses attributed school courses to young people in the to swindlers in the rural district of the rural community, were apprehended and State runs from $5,000,000 to $20,000,000 sent to the Federal Prison. There is a con- annually. The modern method of swindling tinuing interest on the part of farmers in on a large scale is to exploit some legitimate the protection of farm property, and it is business. For instance, the growing of gratifying to state that not a single case tung oil trees is undoubtedly becoming one of chicken stealing was reported between of the great industries of the south. Many August 1939 and February 1940, and steal- concerns are conducting a legitimate busi- ing from farms in St. Clair County has ness, but more than a year ago the Divi- almost entirely ceased. It has been ex- sion discovered that eight ex-convicts tremely difficult to educate the farmer in were selling tung oil grove lots to people the protection of his personal property. in the northern part of the State. The in- However, through the efforts of Prairie dividual investments ran from a few hun- Farmer the residents of the rural com- dred dollars to as high as $35,000. Investi- munities have come to realize the im- gation revealed that their contracts and portance of the protection of their property. leases were evidently drawn for the pur- "At the beginning of this report it was pose of evading the Illinois Statutes. The indicated that modern conditions have en- Division secured a number of deeds and larged the problems of local officials in leases and appealed to the Security Ex- protecting the community against crim- change Commission and the Postal Depart- inals; that development of modern local ment of the U. S. Government. The Se- facilities in crime control have not kept curities Exchange Commission decided that pace with the problems. A study of the these tung oil grove deeds and leases came work of the Illinois sheriffs in crime pre- under the Federal Securities Act and an vention was made during the current year. investigation followed. Later the Federal The results are interesting. Court held that these deeds and leases were securities and this decision caused sixteen "The sheriff's office is governed by a different companies that were dealing in seventy-year old constitution and the tung oil leases throughout the Middle West traditional procedures of that era still to cease offering these securities for sale guide the operation of this arm of the local or to qualify their deeds and leases in com- government. The study reveals a woeful pliance with the Federal law. This action lack of personnel and modern equipment will save investors in the rural communi- to cope with the new trends in rural ties millions of dollars." crime." Professor Baker's Appointmenf - When Typical Modern Rural Crimes - "Pick- this number of the Journal was about to pockets, swindlers and gypsies are the go to press, Newman F. Baker, of the source of the major losses in rural areas. Editorial Board, received from Chief Jus- Pickpockets have left the city where their tice Charles Evans Hughes, an appointment operations have been cramped by good as a member of a committee to advise the police work, to work in the country towns Court on rules of pleading, practice and where it is estimated two thousand losses procedure in respect to proceedings prior occurred from this source in 1939. to, and including verdict, or finding, in "The gypsy problem is complicated by criminal cases in U. S. District Courts. the fact that detected crimes fail to reach In our next number we expect to give some prosecution because the complainant is attention to the problems that will be be- anxious to deal with the offender for a re- fore the committee. (Ed.)