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

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

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.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

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 Reset View mode
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?

Help
Full screen
/ 320

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    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.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.