AMERICAN LAW.

Ashburton Guardian, Volume 64, Issue 30, 15 November 1943, Page 6

AMERICAN LAW.

FEDERAL AND STATE CASES. VISITING OFFICER SPEAKS. “Hollywood is the worst advertisement we lawyers have in the United States, because they show everything in caricature. Hollywood s emphasis of certain details in criminal and civil cases gives a completely wrong impression in other countries,” said Major V. C. Allred, Judge Advocate in the United States Forces, in an address to the Auckland Optimists’ Club.

Fundamentally the principles of law in the United States and in New Zealand were the same. Both were founded on the common law of England. They studied English law consistently in American law schools, and his opportunity to become acquainted with New Zealand legal practice brought it all back.

“In detail the United States system developed along parallel lines,” he said, “but there has been a divergence in detail. Here you place the prisoner in what you call the dock, and I see the bailiff locking him in, up on a stand where everyone can distinguish him. We don’t do that. Back home the prisoner sits at the same table as his counsel, and you can’t tell which is the prisoner and which is the counsel.” (Laughter.) “Yes, it has happened more than once that counsel has been mistaken for the accused, much to the embarrassment of the lawyer.” (Laughter.) • Centralised Control. The New Zealand system of local and national government Major Allred found very much more centralised than that of America, with everything radiating from Wellington, just as in England a great deal radiated from London. The 48 different States in America made for more local control. There were two law systems, Federal and State, the former handling constitutional matters such as the mails and interstate commerce, and the State law handling matters concerning people in their personal relations. A man could be tried twice for the one offence, under both Federal and State law if he violated both codes. City control of public utilities was very much greater, the appointment of police, firemen and so on being in the hands of the Mayor. “Americans are very jealous of their local rights. I guess we don’t like too much control if it can be avoided, and we shy off outside control as far as possible.” Several Auckland lawyers attended the luncheon as guests to hear Major Allred, who explained that the Judge Advocate’s branch of the United States Forces deals with all the legal work of the Army, particularly in its contacts with other countries. There was an impression that it was mainly concerned with Army law and courts martial, but these were ifipuduo AiosiApe in? in ojoiu pope usually conducted by the Army officers concerned. Judge Advocates to officers and troops.