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Supreme Court — Part 24
Page 12
12 / 55
.
. 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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