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Supreme Court — Part 21

109 pages · May 11, 2026 · Document date: Jun 18, 1957 · Broad topic: Civil Rights · Topic: Supreme Court · 109 pages OCR'd
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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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