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Supreme Court — Part 7
Page 39
39 / 107
As previously stated the arraignment of a prisoner in the quatody of
the FRI is not delayed bevond the statutory requirement exoept in ususucl casce
there prior Bureau headquarters! approval has been obta‘ned,, It is gencrally
used in eituations where the subject tain into quatody is the first of o grou
ei subjects fros wick valuable informtion is citained leading Ww establishing
the identity, whereabouts, and complicity of others in the same criac, The
publicity attendant on the arraignment of such a pereon would silitate strongly
against the early successful termination of the investigation in question.
-_ _a@ in
question of whether a person can waive Consii-
we
# afforded hin, the oarsca hold thet he oan, ‘the waiver, of courte,
wust know the right bo has in order to legally weive it.
There follow a few atitations on the goneral question that Constitutional
the care of Balaton v, Cox, 123 Fed. (2nd) 196, Fifth Circuit court of
dernsetea thst Mae TR Fh faaettinwenet dantad halte He fanaté debt ane wt -hébn oe
mn o7ap Fee Veta Pye Le wees ME DR SER Ae SS ee oe
be ved, a5 is well settled, they are also subject to the legal principles of
Eato:pel, There are cited in this case the following three Supreme Court cares,
The onee of Johnaon vs, Zerbat, 904 ULE. 450, holds that accused has the
Fight to waive the assistance of sunsel,
the care of Patton v, U.%. 21, 0.8. 776, holds that the accused may wat
the right of trial by jury even though the Sixth Amendment to the Constitution
guarantees the right of trial by Jury.
the cave of Mangum v, Frank, 237 U.5. 19, holds that the acoused may
waive his right to be brought before the jury when a verdict ie rendered in a
criminal case, a .
The caos of U.S. v. Benft, 272 Fed. 134, a district court onase, holds
that a vaiver of preliminary examination before a United States Commissioner by
an acoused with full knowledge anti appreciation of his right to have a prelininary
hearing, wil not be set aside by the court and a hearing ordered.
Corpus juris, at Yolupe 16, Section 565 (9) states "a prolininary exsmin
ation ie « personal ri;h* or privile;e ond accused may weive 1t,.....althouch ossce
are not wanting in which the pructioe of permitting a waiver hae boen discontinue:
and even considered altorether taproper,"
~ dw
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