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Supreme Court — Part 7
Page 70
70 / 107
Prof. Yolsy, tee Be
sary or axpedient ,Comgrasa would have the power to fix the venue of sush
hearings,and eould vrovide for them to be held within the State where the
offeass is charged,so that the witnues3es3 would be available. I reslizea
that in a olsar eaza of mistrken identity,or where tha proof is positive
that the accused was not within the demanding 3tate at the tims of the
orime, extradition works a grievous wrong to the accused, but Conzresa
could provide for the restoration of such a party to his former status
and place of abod@ in the event of a dacision in his favor on th right
to extradite, and thus minimize the actual damags. In my jutgment,the
possibility ef occasional injustice to an innocent party should not be
allowed to prevent changes in procedure tint are necessary to check the
orime menace, If hearings should be authorized in the State where the
Bllieged fugitive is found,Congress would have the right to designate the
tribunals to hear the same,and eculd limit the issues to be determined
therein,so as not to invade the right ef the accusing State to have the
faete determined therein.
Sthee Congress could authorige the Bursau of Investigation,or
other enforcement agency,to enter into arrangements with tle local police
jn the various 3tates end cities, under which each would share in the
work of crime detection,and each would derive the full benefits thereof.
Thus,those suspected of recketeering,kidnaping,bank robbery and other vie
olent crimes,would be brought under the surveilance of the Federal azente,
and this 1 sonsider justifiable upon the theory that they commrise the
criminal types that are most actively eng iged in interstate criminal ac-
tivities. Vederal agents, although nominally searching fo- fugitiwes an?
Federal offenders, could invart valuable information to local authorie
ties that would lead to more effective law enforcensnt.
6thee Some special provision should be made for the arrest and
detention of suspects pending identification. The names of many of them
are unknown,go that they cannot be apecifically named in a formal charge,
and the facility with which they escape from scene of the crime has
rendered personal identification more difficult.The comparison of finger
Prints, chemical analyses,and other acientifice mathods of crime detection
oe | SST eS se Sa we Oe eee
often afford tle only means of identification,and ty require time,Conse-
quently,a more liberal period for the detention of suspects should be
provided.
»TeBee Upom the question of bail,i Believe Congress should proe
vide that where the defense is an alibi,the accused shall not be adwitted
te bail if there is any substantial evidence ef his presence at the scene
9 Crit.
Sthe= “he Federal agency should be limited to the nore vielent
crimes against persons and property,such as kidmaping,racketecring, bank
robbery, highvay roDbery, murder, ete.
thn * Sa_—_ @ —
Sa
I realize that objections will tbe made to a Federal agency
upon the theory timt it might be used to interwene in purely local econ-
treversies in th States.This, I think, can de obviated by snecifically
limiting their activities to certain offenses and by forbidding their
use othervise,
‘J
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