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Supreme Court — Part 7

107 pages · May 11, 2026 · Document date: Feb 22, 1937 · Broad topic: General · Topic: Supreme Court · 106 pages OCR'd
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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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