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Supreme Court — Part 16

130 pages · May 11, 2026 · Document date: Sep 3, 1957 · Broad topic: General · Topic: Supreme Court · 127 pages OCR'd
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INTERNATIONAL FooTPRINT ASSOCIATION PorRTLAND, OREGON The President of the California Bar Association, addressing himself to the difficulties Jaw enforcement officers face, said: “Many of the difficulties are due to an exaggerated respect for the individual as the isolated center of the universe. There is too much adiniration for our tradi- tional system and too little respect for the needs of society.” * That complaint is often heard. We are told that restrictive court decisions are “tying the hands” of the police and are “coddling” criminals at society’s expense. Such complaints are not new. Indeed, the remarks which T have quoted are not of recent vintage. They were uttered by Curtis Lindley, President of the California Bar Association, in 1910, This verbal exchange between judges and law enforcement officers has been going on for some time. It is not a war. In the long run, we all seek the samc goals. We all want a society where pedestrians, homes, and places of business are safe, in which all citizens enjoy the full measure of their civil rights and liberties, and where those aceused of law violation can expect and receive fair and equal justice, Sometimes these goals conflict. If we abolished the Bill of Rights perhaps more criminals could be captured. But we Americans would not want to live in a society in which all rooms were “bugged,” where the police could stop and search all persons at will,” where those suspected of erime were heaten and ¢ M7ek Wh sede THR Aw RFR CALL EE CALE OL ']) J. Crim. L. & Criminology 109 (fuly 1910). * The Statute of Winchester, 13 Edw. 1 Stat. 2 (1283) provided: ‘.. .af any Stranger do pass by them, he shall be arrested until Morning; and if no Suspicion be found, he shall go quit; (7) and if 4 they find Cause of Suspicion, they shall furthwith deliver him to the Shenff, and the Sheriff may receive him without Damage, and shall keep him safely, until he be acquitted in due Manner.”
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