(seq. 8)

2)

steadily as a baker for nearly three years. He lives
at home. All his wages are given to his mother.
His recreation is fishing, hunting, playing with his
dog. He is a member of no gang. He has no
criminal associates, no wild social habits. In July of
this year he meets an older companion, starts drinking
bad liquor, engages in hold-ups, shoots and kills a
motorman.

His father engages an attorney
who advises the boy to plead guilty and throw himself on
the mercy of the Court. The boy expects punishment. He
makes no effort to beat the law. He is utterly ignorant
of sharp practice. He is prepared to face life
imprisonment. This has been held out definitely to him as a
promise, presumably with the knowledge of the Prosecuting Attorney.

The question now arises, should
a minor be permitted to make a plea of guilty until a
guardian ad litem has been appointed by the Court? A
youth can not sign a cicil contract. We have here a boy
who is permitted to bargain away his life. The
responsibility for killing him does not rest upon a jury,
experienced in estimating criminals and evaluating motives.
No psychiatrist has been consulted. Responsibility rests
only upon two attorneys and a Judge.

The practise of doing away with
juries in capital cases doubtless saves the State much
money in time. Safe-guarded, with proper respect for due
process of law, it is an admirable device for securing
prompt justice. In this case, however, the result is cal-
culated to bring the system into infamy and to drive many
offenders to desperation.

The irony of the situation is
apparent at a moment's reflection. Scores of professional
killers are in our State prisons. Hundreds walk the
streets uncaught. A child under the influence of liquor
commits murder and is to be put to death as a kind of
human sacrifice, a defenseless boy upon whom a scared
community can reek vengeance.

I appeal, therefore, to your
Excellency to grant a stay of execution of sentence in order
that a proper legal review of the evidence may be
presented.

Respectfully yours,

(Signed) Miriam Van Waters
Consultant, Harvard Law School Criminal Survey.

(Copy)