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Supreme Court — Part 21
Page 103
103 / 109
FOnited States Att Oliv:
said as
Government an opportuni of
submitting yhe problem to.
“The § preme Court? he said,
clearly recognized the’ re-
‘Aponsibility of Congress to lay
own the rule. Therefore, Con-
‘ress should made an examins-
Mon to determine if effective and
uintelligent law enforcement bs
ybeing hampered. “> ;
E “Congress should writes Siew
O safeguard the righta of the
individual and make possible
ieffective law enforcement in the
public interést.”
i In questioning proponents of.
the Supreme Court decision as
well as prosecutors and police,
.The Star found general agree-
ment thet the Mallory decision
forbids police questioning muth
bevond bookie ororcedures
Sey wae VAIL poeta ee
The decision did note that.
circumstances may justify
rief delay hetween arrest
algnment, as for instay
here the story vblunteered
the accused is susceptible of
uick verification through. third -
arties.”"; | -
+} The next sentence of the, de-
Pa however, warned that
oh
|
“the delay must not be of a
atute’ to give opportunity for
ithe extraction of a confession.”
. “Free” Questioning Permitted
‘A proponent’ of the decision
analyzed it this way; . :
{ {Police can question people if
ey Want to be questioned as
ong as they are free agents. A
Suspect can be brought to head-
‘quarters and questioned ‘as long
as he is free to walk out at
any time. But a8 soon as he
$s under arrest, it is ‘unreason-
ble delay’ in arraigning him if
police, use any time to. make a
fase ageinst him. “'
~ “It ts now illegal to gril! an
arrested person for two or three
hours. That is questioning dur-
ing illegai’ detention and the
confession would be thrown out.
“If a prisoner: confesses im
iately after his arrest, it
wouldn’ kil the confession if he
We oO ediatel at eran
Tt he immediately fen ecane th |
nocent and convicting the guilty.
Chief Murray said that. 90 per
changed by law, “our record of
closed cases will be only 19 per
cent of what it is now,” . H
Mr, Gasch said that.at tensty
25 per cent of the sex cases:
depend on confessions beca’
there are seldom eye eee
or fingerprints: In yoke rob-
beries, particularly, he said, con-
fessions are needed because the
victim is usually attacked from
behind and can't make ac fdas:
tification. oe . se
- Chief Murray cited, ‘the Fapes,
murder Of an 8-year+old Narth-
east girl where 30 detectives.
have been at work rounding up.
possible suspects. Over 1,000 pees:
ple have ogee questioned in the,
“Whab good - will it do 9 ‘pring
&-good suspect, question
pi & confession 1. this
ort stands?" he. asked. *
ision says he must be /lar-
co oo es A ‘i atl
t
ie
stioned after we arrest - him.”
ow. oa
da
aestioned immediately and nie" !
-
evidence or circumstances point-
jing to bila guilt. Very few come
‘right in and admit the crime.
{They nave te .be shown the evi-
eS ren ce
ask him about that. ‘We
have him take a le detector test,
if he consents, ‘The ué detector
as exonerated more men that
it ever implicated. - ’
“Very often, We can't complete
the. case before the..man 1s
brought in. In many heinous
crimes, 1t would be a physical
impossibility, to complete the
case under aix to elght hoyrs, “"
“Alibis. must be checked. The
prisoner must be confronted
with his victim. There are bicod:
and chemical tests, fingerprint
checks, Hne-ups, bailisties testa.
All this’takes time which we now
will not havé, .
“No one “confronted with’ a
serious crime is going to admit
it unless he feels there is some
dence linking them to the crinfp!
ther through witnesses wip}
ust be brought in or
ch’ physical evidence .
atching Angerprints | or ch
cal analysis.” a
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