This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ..."without leave of the court, or good cause shown, in open court." There is no such provision for the Municipal Court. In actual practice the granting of a "nolle" is almost entirely within the discretion of the prosecutor, as the judge usually, without question, takes the word of the prosecutor. There has been a rather ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ..."without leave of the court, or good cause shown, in open court." There is no such provision for the Municipal Court. In actual practice the granting of a "nolle" is almost entirely within the discretion of the prosecutor, as the judge usually, without question, takes the word of the prosecutor. There has been a rather startling increase in the frequency with which this motion has been used since 1918 (see diagram on p. 13). The survey indicated that 14.27 per cent. of felony cases which had successfully passed the two preliminary examinations were nolled in the Common Pleas Court. Occasionally there is what is known as a "blanket nolle," in which several hundred "dead" cases are thrown out at once. The chief criticism of the survey regarding the practice of "nolleing" cases is the careless manner in which it is exercised. The prosecutors ask for and obtain nolles with little or no explanation to the court. No record is kept, and in most cases even the prosecutors fail to remember the reason which prompted their action. This gives an opportunity for all sorts of irregularities and for at least the appearance of "inside influence with the prosecutor." The Motion In Mitigation In January, 1921, liquor cases resulting in 314 fines were filed in the Municipal Court. Thus the uninitiated public might, by mathematical process, determine that $101,650 would come into the treasury. But in the name of a mysterious legal "motion" $42,135 of this amount was taken from these fines. Of the 314 cases, "motions in mitigation" were made in 193 cases and allowed in 114 cases. Thus, through the magic of this "motion in mitigation," a judge may receive public approval for severity and st...
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