Index to Periodicals point of law, and on coming into^court gave him a'favorable decision, 'If your lordship had known as much law yesterday morning as you do this, what an idle sacrifice of time and trouble would you not have saved me, and an injury,and injustice to my client.'" Comparative Jurisprudence. "Classifi cations of Homicide — A Study in Comparative Law." By D. Oswald Dykes. 24 Juridical Re view 177 (Oct.). "The principles of classification of homicidal crimes which appear in the French and German codes run through the codes of almost all the Con tinental states, with many variations in detail. Thus the heaviest penalty is reserved for pre meditated murder and for parricide in the laws of Hungary, Italy, Spain, Belgium, and Den mark. ... In passing from Europe to the American continent we find at least as great a variety of classifications of homicide. Each state in the American Union has its own criminal law, generally in the form of a code. Some systems bear traces of English influence, but the greater number follow more closely the Continental model." Contempt. "The 'Third Degree' and Trial by Newspapers." By Edwin R. Keedy. 3 Journal of Criminal Law and Criminology 502 (Nov.). "To prevent the 'third degree' and trial by newspaper, and to remedy two striking defects in our criminal procedure it is suggested that a statute or statutes be enacted providing for the following: — "1. That it shall be a misdemeanor, punish able by imprisonment, for any police officer to exert any force, mental or physical, against an accused person for the purpose of extorting any admission or confession. "2. That any admission or confession made by an accused person in response to interro gatories of the police shall be inadmissible in evidence.
"3. That it shall be a misdemeanor, punish able by fine and imprisonment, for the editor of any newspaper to publish regarding an accused person statements or comments which create a belief in the guilt of the accused before his trial, thereby prejudicing him at his trial and inter fering with the proper administration of justice. This is an offense at common law {Rex v. Fisher, 2 Camp. 563, and Rex v. Tibbits, 1902, 1 K. B. 77), but the courts in this country have hesitated to apply it. "4. That the trial judge be given power to declare the law (he has this power in most states) and to comment on the evidence. "5. That no judgment of conviction shall be reversed unless the trial court committed sub stantial error prejudicial to the defendent, thereby causing a miscarriage of justice." Criminal Law. "The Fundamental Principles of Criminal Justice." By Hon. Simeon E. Bald win, LL.D. 22 Yale Law Journal 30 (Nov.).
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"I venture to formulate as the fundamental principles of criminal justice the following list: "(1) The person accused should have fair notice of the charge against him, and a fair opportunity to make answer, with the aid of witnesses and counsel. "(2) The tribunal which hears his case should be so constituted as to be reasonably independent of executive or legislative dictation as to the judgment to be pronounced. "(3) The sentence, in case of conviction, should be imposed by that tribunal. "(4) It should be promptly and publicly made known to the convict. "(5) In framing it regard should be had (a) to the nature and gravity of the offense; (6) to the intent of the offender, and the fault to be imputed to him; (c) to the natural effect of the punishment awarded, in preventing the com mission of similar offenses, whether by himself or others, and in satisfying the public conscience; and (<f) when not capital, to its possible utility in improving his moral character." "The Need of a Scientific Study of Crime, Criminal Law and Procedure — The American Institute of Criminal Law and Criminology." By Eugene A. Gilmore. 11 Michigan Law Re view 50 (Nov.). Describing the organization and aims of the Institute. "Proceedings of the Fourth Annual Meeting of the Institute." By the Editors. 3 Journal of Criminal Law and Criminology 592 (Nov.). This issue of the Journal, besides the com mittee reports elsewhere noted, also contains the address of the retiring president, Chief Justice John B. Winslow of Wisconsin (p. 506). See Comparative Jurisprudence, Criminal Procedure, Evidence, Penology. Criminal Procedure. "Criminal Procedure." (Report of Committee E of the Institute.) By Justice William N. Gemmill (Chairman). 3 Journal of Criminal Law and Criminology 566 (Nov.). Summarizes the results of a questionnaire sent to the chief justices of the several states. Detailed recommendations are offered. A valuable docu ment. "A Progressive Program for Procedural Re form." By Nathan William MacChesney. 3 Journal of Criminal Law and Criminology 528 (Nov.). "The bar has taken little or no interest in the movements that go to make up the modern criminological reform. Much of the criticism against the bar for its unprogressive attitude is justified, but the explanation is at hand. How ever much the philosophy underlying penal ad ministration may have changed during the last century, such change is known only to the scien tific student of the subject, and while it has affected the practices of the administration of
