Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-06-26

pdrCmenCS criminal DIVISION SAID
d mot because the truth cannot
has clearly recognized the re-
sponsibility of Congress to lay
down the rule. Therefore, Con-
lgress should made an examina-
ton to determine if effective and
intelligent law enforcement is
being hampered.
Congress should write a law
to safeguard the rights of the
individual and make possible
defective law enforcement in the
public interest"
In questioning proponents Of
the Supreme Court decision as
well as prosecutors and police,
The Star found general agree
ment that the Mallory decision
forbids police questioning much
beyond booking procedures.
The decision did note that
circumstances may justify a
brief delay between arrest and
arraignment, as for instance.
where the story volunteered by
the accused is susceptible Of
quick verification through third
parties"
The next sentence of the de.
ciSion, however. warned that
the delay must not be of a
nature to give opportunity for
the extraction of a confession"
Free" Questioning Permitted
A proponent of the decision
Ianalyzed it this way:
Police can question people If
they want to be questioned as
long as they are free agents. A
suspect can be brought to head
quarters and questioned-as long
as he is free to walk out at
any time. But as soon as he
is under arrest;Tit is 'unreason-
able delay in arraigning him If
police use any time to make a
case against him.
1T is now illegal to grill an
arrested person for two or three
hours. That is questioning dur
ing illegal detention and the
confession would be thrown out.
IF a prisoner confesses i'm
mediately after his arrest, it
wouldn't kill the confession if he
were not Immediately arraigned.
II he Immediately confesses to
one crime and then goes out to
Ire-enact other crimes, the first
confession would be allowed but
the others would not.
Police can still make cases
but they will simply have to use
different procedures"
Next Step Is Puzzle
Both Mr.. Gasch and Police
Chief Robert v. Murray ac.
knowledged that different pro-
cedures will have to be used but
they were at a loss as to what
procedures can be followed that
VIII succeed in clearing the in.
nocent and convicting the guilty.
Chief Murray said that 90 per
cent of the success or failure of
a case rests on questioning at
police headquarters. He pre-
dicted if this decision is not
changed by law, "our record of
closed cases will be only 10 per
cent OF what it is now"
Mr.. Gasch said that at least
20 per cent of the sex cases
depend on confessions because
there are seldom eye witnesses
or f1ngerprints. In yoke rob-
berries, particularly, he said, con.
LESSONS are needed because the
victim is usually attacked from
behind and can't make an iden-
LITIGATION.
Chief Murray cited the rape
murder of an 8-year-old North.
east girl where 80 detectives
have been at work rounding up
possible suspects. Over 1000 peo-
pie have been questioned in the
crime.
What good will it do to bring
in a good suspect. question him
and get a confession If this de-
cision stands?" he asked. This
decision says he must be ar
raigned Immediately and not
questioned after we arrest him"
Procedure Explained
Chief Murray explained past
procedure in this way:
If we have a suspect. we
bring him to headquarters. II
we have any evidence pointing
to his guilt, he is booked for
investigation. Then he is ques-
toned about the case. Any alibi
he may offer is run out and very
often that alone clears him of
any guilt.
IF he was on the scene or had
been seen with the victim, we
ask him about that. We may
have him take a lie detector test,
II he consents. The lie detector
has exonerated more men that
1t ever implicated.
Very often, we can't complete
the case before the man is
brought in. In many heinous
crimes. 1t would be a physical
impossibility to complete the
case under six to eight hours.
"Alibis must be checked. The
prisoner must be confronted
with his victim. There are blood
and chemical tests, fingerprint
checks, line-ups, ballistics tests.
All this takes time which we now
will not have.
mo one confronted with a
serious crime is going to admit
1t unless he feels there is some
evidence or circumstances point
ing to his guilt. Very few come
right in and admit the crime.
They have to be shown the evi-
dence linking them to the crime
either through witnesses who
must be brought in or through
such physical evidence as
matching fingerprints or chemi-