THE RACKETEERS.

Ashburton Guardian, Volume 56, Issue 125, 9 March 1936, Page 3

THE RACKETEERS.

THE LAW IN AMERICA. MANY LOOPHOLES. The findings of the special Grand Jury appointed by the Governor of New York State to inquire into “racketeei ing” will startle anyone who has not closely followed the miseries of New York, states an overseas journal, in an editorial. Illegal business, like legitimate; has been “trustified.” A dozen or 15 “major criminals” levy their tribute through an infinite variety of organisations—dummy trade unions, “private detective” agencies, bogus “insurance” companies. It is recommended that two Grand Juries should sit continuously for two years to carry on the investigation. But that in itself will not take things far. The campaign against crime can only succeed if it has the genuine support of all public men and privato citizens—a thing which has rarely happened in the past. The American criminal has a shockingly good chance of “getting away with it.” The system of procedure is full of loopholes. First, ho has to be arrested by a police force often subject to political influence. Then the prosecution lies in the hands of a public piosecutor, the district attorney, an elect'd official, dependent on political support. If the criminal is charged with a major offence he must be indicted by a Grand Jury before lie faces a trial jury; if with a minor offence ho comes before a Magistrate or “Judge,’ an elected official and often a politician. If the case has not been dismissed before coming to trial the procedure at the trial is all in his favour, for instance, he must he confronted with the witnesses against him, while for his own absent witnesses he may secure depositions. (This helps to explain the reluctance to testily of many witnesses, fearing reprisals.) Dr*. H. Best, in his “Crime and Criminal Law’ in the United States,” published in 1930, estimates that “of felonies committed about one-lialf result in arrest ; about one-fourth in holding for Grand Jury action; about one-fifth in indictment ; about one-eighth in conviction; about one-tenth in execution of sentence.” It is hard to believe that, without drastic improvement in procedure, much headway will he made against criminals so astute, influential, and wealthy as the major racketeers of New York.