Selected Papers of Homer Cummings, Attorney General of the United States, 1933-1939

By Carl Brent Swisher; Homer S. Cummings | Go to book overview
Save to active project

3. A Plea for Extension of Procedural Reform to the Criminal Field

Address entitled "A Rounded System of Judicial Rule-Making," delivered at a meeting of the Federal Judicial Conference of the Fourth Circuit, Asheville, North Carolina, June 3, 1938:

IF I WERE asked to designate the most striking development in procedural reform during the last fifty years, I would unhesitatingly single out the progress of judicial rule-making. * * * We should, therefore, be perfectly justified in devoting this meeting to a celebration of these gratifying achievements. I prefer, however, to pursue a somewhat different course and speak to you on still another phase of judicial rule-making. * * *

I am led to suggest that the rule-making power be extended to criminal procedure prior to verdict.* I lay no particular claim to credit for this suggestion. It flows rather naturally from the previous reforms, for thus we would close the last gap in our procedural system.

If the extension of the rule-making power to criminal procedure is a worthwhile reform--if it will make the criminal trial less of a game and more of a search for truth--then there is no time like the present to begin the study of its possibilities. * * *

The Conformity Act of 1872, which requires the federal courts to conform to state practice in actions at law, does not apply to criminal proceedings. The latter are governed by section 722 of the Revised Statutes (U. S. Code, title 28, sec. 729) which reads as follows:

____________________
*
On the recommendation of President Hoover, and with the active support of Attorney General William D. Mitchell, early in 1933 the Supreme Court was authorized by the Congress to prescribe rules of criminal procedure "after verdict," which, after formulation in the Department of Justice at the request of the Court, were submitted in May, 1933, and promulgated two years later.

-196-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Selected Papers of Homer Cummings, Attorney General of the United States, 1933-1939
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 320

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?