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Menorandum for Mr. Rosen - 2- was a great deal of discusston on this point, particularly as to what tnstructions could be tssued, It was generaly agreed that it would be impossibie to attempt to define when a confession should be used and when not, and that the only safe procedure for the time being would be for the Department to issue instructions in very general terms cauttoning United States Attorneys to eramine confessions with great care before attempting to use them itn evidence. Sweinhaut stated that he would get in touch with Mr. Tamm when the first draft “of this circular was ready, ° . ne eee d. INSTRUCTIONS TO FBI Sweinhaut asked specifically what our problems were in connection with these decisions, I pointed out that as to arratgn- ments we have been following the dictates of the Statute and taking individuals in custody before the committing officer immedtately-- and aigea Joilowing tie Department - 's interpretation that the word tmmediately means as s00n as is practical, depending upon the avatl- ability of a committing officer. Sweinhaut was of the opinion that the right of arraignment was merely 4 personal privilege which could be woived by the accused. He did not think that these decistons went so far as to hold that arraignment is a duty on the part of the law enforcement officer which cannot be waived by a subject. Sweinhaut inquired as to the percentage of cases in which me secure confesstona, I told him that in the great majority of cur cases we secure voluntary statements which are of value not only to Jurntsh leads tn the case, but also as evidence in court. For thta reason and also due to the problem presented relative to questioning suspects and subjects prior to arraignment, I told Sweinhaut that the Bureau is desirous of securing an eariy ezpression of the views of the Department as to the effect of these decisions on our procedure. At his.request I also pointed out generally the content of the memo- randum we aent the Attorney General, and he again requested that he be furntshed with a copy y of the eame.” If you agree, I will have a copy prepared for him, - 2 . ace Sweinhaut said that he would have to give the matter con- stderable more thought before attempting to tssue any instructions for the Bureau's assistance, ond indicated that in the meantime the Bureau will have to carry on with the already established procedures. He also tndicated that it would probably be necessary to have addi- tional conferences on this subject in the future. Resp ectsully, , ee vw Se a ao. aa Fe: