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MALLORY-—Fr. ened profession of it. aduantoge - Police Chief ray stuck to his licemen and “renders them al- ‘most totally ineffective.” - “If we had the Mallory case to do over again tomorrow we eouldn’t do a better job,” Mur- ray said. , a Murray said that Mallory was advised of his rights be- fore he dictated and signed his written statement on Apfil 8B, 1954. He said Mallory. was told: . se “You ate now requested to give a statement of any facts known to you in connection with this matter. However, you are first advised that you are no; compelled to make a state- ment, are not promised any ing one; and do so of your own ment you make will be used for or against you at your trial. Having been so advised do you wish to make a statement?” _ to,” Murrary said. _ Breach of Rules Claimed Justice Felix Frankfurter said in the Court opinion that Mal- lory “was not told of his rights fo counsel or te a preliminary examination before a magis- trate, nor was he warned that he might keep silent and ‘that any statement made by him may be used against him.’ - This backed up the conten- tion of Mallory’s lawyers that he was held in “deliberate dis- | regard” of Rule 5 of the Fed- eral Rules of Criminal Pro- cedure. . . . This rule requires that an arrested person must be brought before a committing magistrate “without wnneces- sary delay.” Mallory was ques- tioned for 74 hours before police tried to hhave ‘him ar- raigned. Sty tt Frankfurter’s opinion noted that the procedure outlined in Rule 5 was “devised by Con- ‘gress to safeguard individual . rights without hampering ef- 2 fective and intelligent jaw en- ' forcemenf.” wf. tap United States Attorney Gasch said he Interpreted this to i ae that Congress can change th? wording In RuleSutenalloy ponte ore leeway in: ques, toning suspects, isi. nee the decision “handcuffs” - po-| favor or consideration for mak-f free will. If necessary, the state- 1 ' al a. ia rai, do exist, The Mallory answered, “I wantE not gene " long tay toward preventing : . them, . a, chee a . ery TST Ta a Congres ‘a Vi He and Murray are agreed | that Congress should epell out ; what police can and cannot do ‘fn the arraignment of suspects. Chairman Howard W. Smith {D-Va,) of the House Rules Committee sald “there is con- siderable confusion about the Court’s ruling not being spe- cific. I don’t know how to make it specific.” He added he would. be interested in a law that would clarify the question of | “unnecessary delay.” . N “Obviously we cannot wa ery time until thréa year ter a’ man is convicted an a mi led to that. conviction,” he added. ~ Sen. John Sherman Cooper, (R-Ky.), a former trial judge, | said be thought the Mallory ruling was an “inevitable deci- sion.” He said it ‘recognize that “police abuses," though eo Court's decision should go a he added. ** Sen. Joseph C. O’Mahoney,| “7 chairman of a special Judiciary) “Subcommittee on Improving the Federal Code, had no _! comment, ; -@ =e said his staff has had the question of arrest-and-arraign-, ‘tfor several months, Hearings - lare planned later this summer. Committee Counsel C, Aubrey Gasqtie said the research so \lfar has included the problem of the length of time an ar-|. rested person might be. held’: ;, before arraignment. , Frankfurter’s opinion left | police can question a suspect! ~ after he is arrested but not! Fl arraigned. : . He noted that i by the accused is susceptible of quick verification through third arties.” ©. oases THE Meee Fentence adds: “Bui onvictea-as ; [lage and to use an interrogat- i K process at police headquar- .|ment procedures under study|. . open the question of whether, - va Nae. the delay must not be of alters in order, to M@termnmns e delay must n e ajters in ordar, to 2 netere—te-give opportunity for} whom they ‘should charge be- the extraction of a confession."|fore 9 committing magistrate This is the sentence that has/on ‘probable causa,’” he wrote, police stumped. They readily) Detectives’ who worked on concede that at least 50 perithe case argue that Mallory cent of their felony convictions|wasy arrested on “probable are the result of confessions. {aquge,.” They said the rape vie- They also point out that many|tim told them her assailant of the cases do not involve on-\wore a white hat. They ssid the-spot' errests, especially in'they learned from Mallory's Tape and sex cases where therelnephew that Mallory had a: are rarely witnesses, | white hat and had helped the “Probable Cause” oman in the Basement before ; e attack, They hegan a seare Frankfurter’s decision noted| for Mallory and oerested him that police must arrest on|the day after the attack. “probable cause,” Mutray said he would have ‘It is not the function of the pilice'to arrest, as it were, at -_ ecisions and still do our Jdb.” . mee eee ek ee a