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Supreme Court — Part 29
Page 16
16 / 83
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| Says Congress.
Would Confuse
And Not Clarify
“y By John J. Lindsay -
ros Reporter, ae
‘fen. "Thomas Cc. Hen-
nings Jr., (D-Mo.) urged Con-
gress yéste not to tam-
per with upreme Court
Mallory decision.
Hennings’ plea aet the stage
for the expected showdown
fight in the Senate on a ‘bill
doassed last week by the House
Nto “clarify” the Mallory rule.
. Congressional maneuvering
over the past two years to
“olarify” the Mallory rule, said
Hennings, leads to the “ines-
capable conclusion that we
woyld be better off if we left
the matter in the hands of the
Congress in its étrorts to
“Improve” the rule—on admis-
sibility of confessions as évi-
dence in court trials—has only
increaned confusion, Hennings
sai
\ The Mallory decision holds
criminal confessions inadmis-
gible as evidence if obtained
lfrom a suspect during an un-
‘necessary delay- between arm
\rest and arraignment,
‘Predictions Recalled
The decision was handed
Kctlory, ‘whose confession te
ory, whose confession ta
Bhe rape of a District woman
wae held inadmissible because
%% was obtained during a 7%-
our delay in arraignment... .
Ho passed by the
Mouse last week wilt prp-
2UUUL Ly 359
tr
dictions , of “timid souls” that
a
a
I
om
*3
ge)
B
a
2
Hennings, sald the dire pre-
the Mallory rule would release |"
upon the District a “veriteble|4
horde of criminals” and “shat- i
ter” effective law enforce-|*
ment throughout the country,
have not materialized.
Keating Pian Criticized
Law enforcement officials,
said Hennings, have succeeded |
in working within the mandate
of the Supreme Court, They
have been diligent, he said, in|:
chserving the constitutional
rights of crimital suspeets.
“This,” he said, “is exactly
what the Supretie Court
wanted.” ..
Hennings criticizec a pro-
posed amendment to the
House bill by Sen. Kenneth B.)
Keating (R-N. Y.) that would
—in effect—leave to criminal |
juries discretion to determine |,
hether a delay in arraigo|
ment is sufficient to invalidate
a confession.
Hennings said this would
miy muddy legal waters un-
cocesearily, Practice und
the ruling, he said, shows it
needs no no “glarification.”
—_—iqueie
4
\
{} ‘ Tolson
Belmo
DeL i
McGuire
Mohr
Porson We
Roser
Tamm
Trotter
WC. Sullivan —
Tele. Room
_ Holloman
Gandy
wis en in|
Gk -JIIIS-/
ro NOT RECORDED —
U9 [ul -6 1959
Na
a LL A
The Washington Post maf)
Times Herald
The Washington Dally News __
The Evening Star
New York Herald Tribune
New York Journal-American —
New York Mirror
New York Dally News
New York Post
The New York Times
The Worker
The New Leader
The Wall Street Joumal __
Date
- 1959
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