Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-08
Baker and WickerSham Hold
Change in Code Would
Tie Officers Hands.
TWO PROFESSORS DENY
LIMIT WOULD HINDER
Keedy Declares Killing by Police
Have Hampered Justice and
Bred Lawless Spirit.

Newton D. Baker, former Secretary
Of War. and George w. Wickersham,
chairman of the Law Enforcement
! Commission, today disagreed with
accommodations of two University Of
Pennsylvania law professors that the
right of an officer to kill or wound in
making an arrest should be limited to
a series of specified serious offenses.
The professors, william E. Mikell and
Edwin r. Keedy, had been delegated
by the American Law Institute to draw
proposed statutes for adoption by State
Legislatures in criminal law admins
tration. Their recommendation came
before the institute today at its ninth
annual meeting at the Mayfower Hotel.
Urges Greater Powers.
The council of the institute OF which
Mr.. Baker is q member proposed that
the right of an officer to kill or wound
in making an arrest be extended beyond
the limits laid down by the professors.
Mr.. Wickersham said he felt this was
mo time" to tie the hands of peace
officers, and, II anything, they should
be strengthened. His commission, of
which Baker is a member, has been
engaged In q two-year study of law
enforcement
Baker said he agreed with wicker
sham. who Is president of the institute
He suggested that the proposed statute
should be changed to read that "a peace
ofdcer is justified in killing or wound
ing" instead Of putting its provision in
the negative form.
Organized crime is our serious prob
lem" Baker said. Il do not want GRIM
inals to feel that any statute drawn
affecting the right to kill or wound in
making an arrest Is aimed at the
officers.
There Is a story in the morning pa
pers Of the arrest of two bandits in
New York which reads like a skirmish
on the western front on q minor scale
An officer takes his life in his hands
in arresting member Of one Of our
organized gangs"
Holds ShOotings Hinder Law.
Prof Keedy replied that the proposed
law would have no effect on q situation
such as that surrounding the arrest
of Francis Crowley and Rudolph
Duringer in New York yesterday.
What we don't want to do" Keedy
said. sis to encourage killing by peace
officers in making arrests for minor
OuGIlSCS Which 0C = ACkOAAy u4A0Ct
the law Of that particular State. We
have studied the situation thoroughly
and we are convinced that killings by
peace officers have hindered the ad-
ministration of the law and have bred
a spirit of lawIessness"
The reporters and advisers were IN
agreement on the terms of the restate-
ment with the exception of Mr.. Mikell,
who held the right to kill or wound
should be limited to capital offenSes. and
John B. Waite of the University of
Michigan Law School, who expressed
the belief it should be extended to
include all offenses.
Would Limit Powers.
As the law stands now in most
jurisdictions, an oficer is justified In
killing or wounding to effect an arrest
for every felony, which includes certain
violations of the prohibition amend
ment. Under the proposed restate-
ment, however, the law on the subject
would read:
"A peace officer is not justified In
killing or wounding person with q
firearm or other deadly weapon In order
to effect his arrest or prevent his escape
from arrest unless:
Il, The arrest is lawful.
%. The oficer reasonably believes
that the arrest cannot be otherwise
effected or the escape prevented.
IS. The officer reasonably believes
the person to be arrested is aware that
an arrest Is attempted.
-. The offense for which the
arrest Is being made or attempted is
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