Page images
PDF
EPUB

6001 ,A512

Vol. X-No. 4

FEBRUARY, 1920

Journal of

THE AMERICAN INSTITUTE OF

Criminal Law and
Criminology

Official Organ of the American Institute of Criminal Law and
Criminology; of the American Prison Association; and
of the American Society of Military Law

CONTENTS

EDITORIALS.

First Steps in Developing a System of Criminal Statistics-The Pre-
liminary Work of the Committee on Criminal Law and Pro-
cedure in Europe-Announcement-Proposed Memorial to
Caesar Lombroso

CONTRIBUTED ARTICLES.

C

1. Shall the Age Jurisdiction of Juvenile Courts be Increased?....

485

...Arthur W. Towne 493

2. Criminal Law in Upper Canada a Century Ago....

3. The Punishment of Crime....

4. Report on Courts-Martial in Europe

William Renwick Riddell 516

...

W. H. Townsend 533

.Nathan William MacChesney 549

5. A Study of Wage Payment of Prisoners...... .L. D. Weyand 558

JUDICIAL DECISIONS ON CRIMINAL LAW AND PROCEDURE (592)-NOTES AND ABSTRACTS (601)-REVIEWS AND CRITICISMS (624)-GENERAL INDEX TO VOL. X.

U.S. $3.00 a Year; Can., $3.50, Foreign, $4.00. 75 Cents a Number

Published quarterly for

THE AMERICAN INSTITUTE OF CRIMINAL LAW AND CRIMINOLOGY
By Northwestern University Press
Northwestern University Building

31 West Lake Street, Chicago, Illinois

Entered as second-class matter, November 5, 1910, at Chicago, Illinois,
under the act of March 3, 1879.

American Institute of Criminal Law and Criminology

OBJECT. The object of the American Institute of Criminal Law and Criminology “shall be to further the scientific study of crime, criminal law and procedure, to formulate and promote measures for solving the problems connected therewith and co-ordinate the effort of individuals and of organizations Interested in the administration of certain speedy justice."

ORGANIZATION. Membership.-The institute is both a national and a local organization, the national organization being the American Institute and the local organization being known as

State Branch of the American Institute of Criminal Law and Criminology," with such local branches of cities, counties or other districts for local work, meetings and investigations as the state branch may desire, such local branches to fix their dues and elect their officers subject to the approval of the state branch. Applications for membership in the American Institute itself should be addressed to the secretary, and are passed upon by the Executive Board. Applications for membership in the state branch where the applicant resides should be sent to the secretary of such state branch or to the secretary of the American Institute, who will forward it to the secretary of the state branch.

INFORMATION. All communications with reference to the work of the Institute and membership therein should be addressed to:

phia.

Secretary, American Institute of Criminal Law and Criminology, 819 Land Title Building, Philadel

DUES. The annual dues of the American Institute are $2.00. The annual subscription to the JOURNAL is $3.00, thus giving all the advantages of the Institute and the JOURNAL for $5.00 per year. The annual dues of the state branches are such as each state branch may fix. Where a state branch i organized, residents of that state must join through it, and membership will include membership in the American Institute.

OFFICERS: The general officers of the Institute and Executive Board are:

PRESIDENT:

Hugo Pam, Judge of the Superior Court, Chicago, Ill.

VICE-PRESIDENTS:

Charles A. De Courcy, Justice of the Supreme Court of Massachusetts.
Burdette G. Lewis, Commissioner of Corrections, Trenton, N. J.

Joel D. Hunter, Superintendent of United Charities, Chicago.

TREASURER:

Bronson Winthrop, 32 Liberty Street, New York City.

SECRETARY:

Edwin M. Abbott, former member of the Legislature and Chairman of State Commission on Amendment and Revision of Pena! Laws, Land Title Building, Philadelphia, Pa.

EXECUTIVE BOARD:

For the term expiring 1920:

Franklin Chase Hoyt, Chief Justice of the Children's Court, New York City.

Thomas W. Salmon, M. D., Medical Director of the National Committee on Mental Hygene, New
York City.

Herman M. Adler, M. D., Illinois State Criminologist and Director of the Juvenile Psychopathis
Institute, Chicago.

Edward Lindsey, Warren, Pa.

For the term expiring 1921:

James Bronson Reynolds, Chairman of the Executive Board of the Voluntary Defender's Cont mittee, New York.

James J. Barbour, State Senator, Chicago, Ill.

James H. Tafts, University of Chicago, Chicago, Ill.

F. Emory Lyon, Superintendent Central Howard Association, Chicago, Ill.

For the term expiring 1922:

Henry Barrett Chamberlin, Director of the Chicago Crime Commission.
Thomas C. O'Brien, Deputy Director of Prisons, Boston, Mass.

August Vollmer, Chief of Police, Berkeley, Cal.

Robert W. Millar, Professor of Law, Northwestern University, Chicago.

Ex-Officio:

John H. Wigmore, Professor of Law in Northwestern University, 31 W. Lake Street, Chicago, IL.
Nathan William MacChesney, of the Chicago Bar: Commissioner on Uniform State Laws, 30
No. La Salle St., Chicago, Ill.

John B. Winslow, Chief Justice of the Supreme Court of Wisconsin, Madison, Wis.

Orrin N. Carter, Justice of the Supreme Court of Illinois, Chicago, Ill.

Quincey A. Myers, Justice of the Supreme Court of Indiana, Indianapolis, Ind.

Ira E. Robinson, former President Judge Supreme Court of Appeals of West Virginia,
Grafton, W. Va.

John P. Briscoe, Judge of the Court of Appeals of Maryland, Prince Frederick, Md.
George W. Kirchwey, former Dean of the School of Law, Columbia University, New York City.
Frederic B. Crossley, Managing Director of the Institute, Librarian of the Elbert H. Gary Col-
lection of Criminal Law and Criminology, Northwestern University Law School, 31 W. Lake
St., Chicago, Ill.

Rober H. Gault, Managing Editor of the Journal of the Institute, Professor of Psychology in Northwestern University, Evanston, Ill.

VOL. X-No. 4.

February, 1920

Journal of the American Institute of
Criminal Law and Criminology

Official Organ of the American Institute of Criminal Law and
Criminology; of the American Prison Association; and

of the American Society of Military Law.

Managing Editor, ROBERT H. GAULT,

Professor of Psychology, Northwestern University.
Managing Director, FREDERIC B. CROSSLEY,

Librarian of the Elbert H. Gary Collection of Criminal Law and
Criminology, Northwestern University.

ASSOCIATE EDITORS

Herman Adler, Illinois State Criminologist, Chicago.

Frederic B. Crossley, Librarian of the Elbert H. Gary Collection of Criminal Law and Criminology, Northwestern University.

Katherine Bement Davis, Chairman, Parole Board, New York City.

George F. Deiser, Member of the Philadelphia Bar.

Robert Ferrari, Member of the New York City Bar.

Raymond B. Fosdick, Bureau of Social
Hygiene, New York City.

James W. Garner, Professor of Political
Science, University of Illinois.
Bernard Glueck, Director Psychopathic
Laboratory, State Prison, Ossining, N. Y.
William G. Hale, Professor of Law, Uni-
versity of Illinois.

William Healy, Director of the Judge
Baker Foundation, Boston.

Joel D. Hunter, General Superintendent, United Charities, Chicago.

Edwin R. Keedy, Professor of Law, University of Pennsylvania.

John W. Lind, Psychiatrist, St. Elizabeth's Hospital, Washington, D. C. Edward Lindsey, Member of the Warren (Pa.) Bar.

F. Emory Lyon, Superintendent Central Howard Association, Chicago.

Adolf Meyer, Professor of Psychiatry, John Hopkins University.

Nathan William MacChesney, of the Chicago Bar; Commissioner on Uniform State Laws.

Robert

W. Millar, Professor of Law, Northwestern University.

John R. Oliver, Medical Officer and Psychiatrist to the Criminal Court.

Hugo Pam, Justice of the Superior Court of Cook County; President of the Institute, Chicago.

Edwin W. Sims, Member of the Chicago Bar; President of the Chicago Crime Commission.

Arthur J. Todd, Professor of Sociology, University of Minnesota.

Chester G. Vernier, Professor of Law, Stanford University, Cal.

August Vollmer, Chief of Police, Berkeley, California.

Guy Montrose Whipple, Professor of Educational Psychology, University of Michigan.

John H. Wigmore, Dean of the Northwestern University Law School; Lt. Col., Judge Advocate, Washington, D. C.

EDITORIALS:

CONTENTS

First Steps in Developing a System of Criminal Statistics
of the Committee on Criminal Law and Procedure in
Europe Announcement-Proposed Memorial to Caesar
Lombroso.

CONTRIBUTED ARTICLES:

1. Shall the Age Jurisdiction of Juvenile Courts be Increased?

485

..Arthur W. Towne 493

2. Criminal Law in Upper Canada a Century Ago....

William Renwick Riddell 516

3.

The Punishment of Crime..

4. Report on Courts-Martial in Europe.

W. T. Townsend 533

...Nathan William MacChesney 549

5. A Study of Wage Payment of Prisoners....L. D. Weyand 558 JUDICIAL DECISIONS ON CRIMINAL LAW AND PROCEDURE

NOTES AND ABSTRACTS:

592

Classification of Criminals (601)-Psychiatric Examination in Courts and Prisons (602)-Archives of Criminal Anthropology (606) Mental Hygiene (609)-Some Remarks about Testimony (609)-Military Value of Psychiatry (612)-Recent Advances in State Care of the Feeble-Minded (614)-The Interpretation of Penal Laws (614)-The Public Defender; a Constructive Suggestion (617)-State Provision for Defending Poor Persons Accused of Crime (618)-Concerning Bail (621)-Police Statistics (621)-Committees of the Institute, 1919-1920 (622). REVIEWS AND CRITICISMS:

The Criminal Code of Japan, Translated by J. E. de Becker (624)-Broken Homes: A Study of Family Desertion and Its Social Treatment, by Joanna Colcord (625)-American Marriage Laws in Their Social Aspects: A Digest, by Fred S. Hall and Elizabeth W. Brooke (626)-Social Process, by Charles Horton Cooley (627)-Psychology of the Normal and Subnormal, by Henry H. Goddard (628)-Personality and Conduct, by Maurice Parmelee (628)-Proceedings of the National Conference of Social Work at Pittsburgh, 1917 (629).

GENERAL INDEX TO VOLUME X.

American Institute of Criminal Law and Criminology

President: The Hon. Hugo Pam, Judge of the Superior Court of Cook County, Chicago, Ill.

Vice-Presidents:

The Hon. Charles A. DeCourcy, Boston, Mass.

The Hon. Burdette G. Lewis, Trenton, N. J.

Joel D. Hunter, Chicago.

General Secretary: Edwin M. Abbott, Land Title Bldg., Philadelphia. Executive Board: Chairman, John H. Wigmore, 31 W. Lake St., Chicago.

American Society of Military Law

President: Col. Burnett M. Chiperfield, M. C.-at-Large from Illinois, Illinois National Guard.

Secretary: Professor Henry W. Ballantine, University of Illinois, Urbana, Ill.

Executive Committee: Chairman, Lt. Col. Nathan William MacChesney, Judge Advocate, Central Division, Chicago.

American Prison Association

President: George A. Wickersham, New York City.

First Vice-President: Gen. Demetrio Castillo, Warden, Cuban Penitentiary, Havana.

Executive Committee: The President, General Secretary, Financial Secretary and Treasurer, ex-officio, and the following:

Dr. J. T. Gilmour, Parole Commissioner, Toronto, Ont.

Orlando F. Lewis, General Secretary, New York Prison Association, 135 E. 15th St., New York.

Frank Moore, Supt., State Reformatory, Rahway, N. J.

C. S. Reed, Warden State Prison, Stillwater, Minn.

George L. Sehon, Supt. Children's Home Society, Louisville, Ky.
Arch-deacon B. M. Spurr, Moundsville, W. Va.

W. H. Whittaker, Supt. District of Columbia Reformatory and
Workhouse, Occoquan, Va.

General Secretary: Joseph P. Byers, Empire Bldg., Philadelphia.

« PreviousContinue »