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Supreme Court — Part 16
Page 43
43 / 130
INTERNATIONAL FooTPRINT ASSOCIATION
PorRTLAND, OREGON
The President of the California Bar Association,
addressing himself to the difficulties Jaw enforcement
officers face, said:
“Many of the difficulties are due to an exaggerated
respect for the individual as the isolated center of the
universe. There is too much adiniration for our tradi-
tional system and too little respect for the needs of
society.” *
That complaint is often heard. We are told that
restrictive court decisions are “tying the hands” of the
police and are “coddling” criminals at society’s expense.
Such complaints are not new. Indeed, the remarks which
T have quoted are not of recent vintage. They were
uttered by Curtis Lindley, President of the California
Bar Association, in 1910, This verbal exchange between
judges and law enforcement officers has been going on
for some time.
It is not a war. In the long run, we all seek the samc
goals. We all want a society where pedestrians, homes,
and places of business are safe, in which all citizens enjoy
the full measure of their civil rights and liberties, and
where those aceused of law violation can expect and
receive fair and equal justice,
Sometimes these goals conflict. If we abolished the
Bill of Rights perhaps more criminals could be captured.
But we Americans would not want to live in a society in
which all rooms were “bugged,” where the police could
stop and search all persons at will,” where those suspected
of erime were heaten and ¢
M7ek Wh sede THR Aw RFR CALL EE CALE OL
']) J. Crim. L. & Criminology 109 (fuly 1910).
* The Statute of Winchester, 13 Edw. 1 Stat. 2 (1283) provided:
‘.. .af any Stranger do pass by them, he shall be arrested until
Morning; and if no Suspicion be found, he shall go quit; (7) and if
4
they find Cause of Suspicion, they shall furthwith deliver him to the
Shenff, and the Sheriff may receive him without Damage, and shall
keep him safely, until he be acquitted in due Manner.”
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