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Supreme Court — Part 24

55 pages · May 11, 2026 · Document date: Aug 1, 1957 · Broad topic: General · Topic: Supreme Court · 55 pages OCR'd
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. . Mr, O’Conor’s conimittee and, to = eee extent, the Chief Justi e t States, dissent. They say they are yust | as anxious as Js. the Supreme Court to. safeguard individual rights’ But they: contend that this, can be done and: should be done without crippling the! power of the States and the legislative! and executive branches of ‘the Federal: Government to protect the country “against Communist infiltration and preeeson mo. . , The débaté on this point frequently © ™ centers on the Supreme Court's decision in the Jencks case, arid we think it is * very much.to the point. In that ruling *_ the court majority held that a defendant * ,{n a criminal case, under circumstances +. which were not spelled out with sufi- ,scient clarity, was entitled to examine * the confidential files of the FRI. This * decision éxpréssly disapproved the prac- “tice of permitting the trial Judge to ex- * etantn dhe Milan a cencgeto i UL ke i BULLE ULle 1its LO ASCET LAIN Whar mate-. “rial was pertinent to the defendant's ° ease and letting him examine that—but i; only that—material. a For our part, we do not see why a’: +*Federal trial. judge ‘gannot be trusted ta + awe Wels paeeeep ee Wess ase ey AR Be pee _make available: to a defendant all of |. “the confidential reports in a file that are . ‘relevant to his defense and that he a therefore ts efititled to'see, This would. safeguard the rights.of an accused per= |: s0n and also prevent fishing expeditions . through the confidential files, which could destroy the effectiveness a the *. = FBI «. The Jencks case 1g one of § some ‘ts2 rulings which have evoked the current § criticism of the court, This responsible j -ertticism, in our opinion, Js a healthy! thing, and we hope !t will lead to cor-, | rective e actlon—either by the court itself! "OF by Congress, —— Pa is EE Mey
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