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a+ wen -* 0-19 (Rev. 9-7-$6) Free Ing of Malle ty Ca a : farrext Olney said yesterday that! ‘the dismissal of the rape case ag: Andrew JsMalory because: of a Supreme Court decision “clearly demonstrates that m@ great: mary us crimes wil] go unpunished.” 6 ; > The chief of the Justice Department’s criminal division’ said ;, these cases would go unpunished “not because-the tenth cannot _ be ascertained but because of the ° SS ™ ‘Procedures that have to be fol- lowed {0 develop the facts.” - - Mr. Olney was talking about . the police practice of questioning suspects between thelr arrest and ‘thelr arraignment. Under the f Supreme Court decision, confes- Trotter Neagga%, “Actually, bécause of decisions! - of thetourt of Apyedis here, thé “qffestion of héw long a per- s0h can be detathed before he is sions growing out. of head Puen ee nas been more of § quarters questioning for that nee confessions tee ne ; ore Cases erred ‘rom he fia} thrown out and a» new trigl ee ordered because the court fel “Won't Listen to Truth”. there - had been. “unnecessary Mr. Olney said the court is . delay” between ‘arrest and ar- “supposed to have its judgments Talenment.+ Tes, eee oy a. . Test on the best truth it can get Even before the Mallory deci=' “but the court will not listen to slon, the District’s Council oni the truth for reasons that have |§ Law Enforcement had Iaunctied, .: nothing to do with the guilt or|% mB study to determine whether fanaa + + innbdcence of the defendant.",. |: My. Olney said it was hard tol guess the impact of the decision IK as its meaning reaches al! the! Federal courts but. he predicted! it will be extreme. “This opinion,” he said, “says | in so many words that police £an’t question a suspect after his arrest. The place where the ‘impact of this decision will be greatest is in the gangster , crimes. It Ja the real hardened a& new law should be sought. Now, the chairman of the coun- cil, George L. Hart, Jr., says this 18 no Tonger s loca) problem as Be ey i ne Past when the of Appe ere had gone further than ‘any other circuit, INDEXED - 37 He said he was writing to the ‘ criminal law section “ef the’ - PY. 2) American: Bar Associatlon’ te-' ae 7 oe AS. A questing that group to study the | “4 Zz -~f7 —— impact of the decision.” ~ NoT RECORDED : "Hit "innecessoee Batcg: ¢ ” professional criminals who will a viiecessary Delay’, | 12-1954 take advantage of: this. The , : The Supreme Court based its 138 PUL 195.4 “housewife who shoots her hus- decision on its interpretation of : band usually confesses to the Rule 5 (a) of the Federa} Rules ——— ie , first person who comes along. Of Criminal Procedure. ‘This — ‘''Yhis decision won't affect her. * fule requirés that the arrestedy oy, Post and ; “But when dealing with crim- person must be brought “with-"@Sh. Post an -{nal groups, police will be unable put unnecessary delay” before Times Herald to question the hirelings who are the nearest available committingwa.h News caught first about the higher- Biagistrate ce , ups they went to reach”... - fwice tn tts decision, the courtWash. Star Aa -_ ae ig - teferreq to the will of CongressN. Y. Herald _Forgeces New Law _— which Yopreved the rules. At rin. . MY. Olney said he could see Ge point, referring to an earlier | Tibune ino alternative but to seek a law! : . - i opinion, the dec sald: :. N, Y. Journal. spelling out exactly what law ¢ “In order adeWuately to en- Ameri enforcement officers’ can an Yorce the congressional require-|_ “merican ,fannct do in arrest and arraign. ,ment procedures, + | oe < Wes deemed necessary to render inadmissible incriminating state-(\° %° Dt!ly News —__ ments elicited from defendantsN- Y. Times during 1 a period of unlawful @e-Daily Worker At another point, the decision /he Worker Bald: Se yi ess 3°) New Leader nt of prompt arraignment, ‘ Y. Mirror io been studying arrest and ar- Jaignment - Procedures - for Fe a Eg Ce 8 gfThe requirement of Rule 5 months. Qader the chairman 4) ‘pare ot the prcedure dee ‘ship ef Senator o* oney, | ; . Data YUN 27 1957 Democrat of Wyoming, the pubs eegadal | rights without Date “TU f ivof ;committee is expected to hold 4 ° . ‘hearings this fail on pr . ent /aW enforcement.” aw. soy