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Melvin Belli — Part 7
Page 24
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Hy Sarr. ~
PEMBERTON: The polygraph violates a
person's right not to testify against him-
self. He is coerced by the threat of pre-
sumed guilt if he refuses to submit.
LEIGHTON: TV’e’ve told crime has increased
“five times faster than the population.”
T suspect that such statistics are issued to
terrorize rather than-inform the public,
2) te! 7 -
N: Once aman has been informed
of his rights to counsel and to remain
silent, the police should be permitted to
interrogate him exactly as they wish.
we
COOK: This runaway inereace in
crime
(
,:
BAYARD RUSTIN, executive director of ul
A. Philip Randolph Instiune, an activise
civil rights organization, has been an
articulate, versatile fighter for racial
equality ever since he was youth organ-
izer of the 1941 Negro March on Wash-
ington and: firse field secretary of the
then newly organized Congress of Ra-
cial Equality. In the course of an ener-
getic and checkered career, he ha’ spent
28 months in a Federal penitentiary as a
conscientious objector, led sit-ins at the
British Embassy in Washington as chair-
man of the Free India Committee,
served 30 days in a chain gang for lead-
ing a Freedom Ride through North Caro-
lina, and helped Dr. Martin Luther
hing organize the historic Montgomery,
Alabama, bus boycott. In 1963 he was
deputy director of the second March on
Washington, and the following year he
engineered the New York City school
boycott. “His whole life,” in the words
of one reporter, “has been spent in a
confrontation with police power.”
WILLIAM -TURNER, a former FBI agent and
wire-tap expert, first came to public no-
tice five years ago when he wrote to Sen-
ate and House committces—while still
employed by the Bureau—demanding an
investigation of FBI disciplinary meas-
ures, Immediately dismissed, he took to
the air on both coasts to broadcast
stinging criticisms of FBI policies and in-
vestigative methods. Since then, he has
become a writer on modern police-science
techniques for the legal and criminol-
ogy press, consulting editor for Police
Science Library, and a free-lance con-
tributor of general articles to major
national §magazines—specializing, natu-
rally enough, in investigative reportage.
He is also writing a book, In Light and
Shadow, about the boom in scientific
crime-detection methods and their possi-
ble threats to civil Hberties.
ae
PLAYBOY: Amid a mounting chorus of
ominous warnings by law-enforcement
agencies of a rampaging upsurge in crime
~—at a rate five times faster than the na-
tional population growth, according to
the FBI—the issue of “violence in the
streets” has become both a tabloid catch
phrase and a political football. Ignoring
unequivocal statements by equally re-
sponsible authorities that the number of
violent crimes, far from increasing, has
actually been cut in half during the past
30 years, many pundits, prosecutors and
police officials have found a convenient
Scapegoat in “bleeding-heart” judges—
ring-led by the “liberals” on the U.S.
Supreme Court—whose legal and hu-
manitarian concern for the constitutional
rights of the individual has resulted in
a series of recent decisions decried by
J. Edgar Hoover, among others, as a
iudicial camoaien ta Ceaddle eviminale
‘witnessed in’ my years of law) enforce:
‘ment—an overzealous pity for the crim-
cee oes 7:
inal and an equivalent disregard for his
victim.”
Foremost among the historic Supreme
Court decisions deplored by Hoover—
and hailed by civil Nibertarians——are the
Mapp. the McNabb-Mallory, the Gideon
and the Escobedo cases, as they are
popularly known. Briefly stated, the
Mapp decision outlawed any use in state
courts of evidence obtained by illegal
house search without a warrant. In the
Gideon case, the Court ruled that any-
one accused of a serious offense, if un-
able to afford a lawyer, has a right to
court-appointed counsel. The McNabb
and Mallory decisions disallowed the use
of confessions in Federal trials whenever
Federal officers fail to bring the suspect
before a magistrate “without unnecessary
delay’’ so that he can have a preliminary
hearing upon the accusation made
against him. And in the widely reported
case of Escobedo ws. Illinois. the Court
voided a Chicago laborer’s murder con-
fession because police had refused to let
him see his attorney before his interro-
gation, even though the lawyer was in the
station house at the time.
Angry prosecutors have protested that
almost nine out of ten convictions are
based on a plea of guilty or some other
form of confession. Disallowing confes-
sions, they argue, will fatally shackle law-
enforcement officers and remove the last
restraints on a runaway crime wave. At
loggerheads with this view are those who
point to such cases as that of George
Whitmore, Jr., a Negro trucker’s helper,
convicted and jailed in New York City
in 1964 for the murder of two girls on
the strength of a six-page confession,
who was later proved innocent when
investigative work turned up the real
murdcrer and proved Whituurc’s elab-
orately detailed confession to be false:
and that of the knife murderer of Kitty
Genovese, who carried out his crime
under the eyes of 38 witnesses in Kew
Gardens, Long Iskind; he later em-
barrassed police by confessing another
murder to which they already held a con-
fession from another man. Pondering
how these false confessions were extracted
in the first place, the public has not been
reassured by declarations such as the one
made last year to a Harper’s magazine re-
porter by former New York City deputy
police commissioner Richard Dougherw:
“It is hardly news that suspects of serious
crimes often get ‘worked over’ in the
back rooms of station houses.”
Who is right—the policeman who
warns that we will soon be living under
a rampant reign of criminal terror un-
less his hands are untied, or the zealous
civil libertarian who declares that the
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