Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-12-19
Criminal Case
|Reversa|s Seen
Peril 10 Public
Chief Scott Decries
'Leniency' Of Courts
Towurd Defendants

6SUtSss@y " SS0ssS
Toward Defendants
Deputy Police Chief Edgar
e. Scott last night likened the
threat" Of recent court deci-
sions In several key criminal
cases to the dangers of COM
munism.
His references for the most
part were to the Mallory case,
the Durham case. the Watson
case. all involving conviction re-
versals by the Supreme Court
raignment. or the speed Of the
trials.
Chief Scott. the head Of Dis
trict detectives and holder Of
more than 100 Communications.
told the Federation Of Bust
nessmen's Associations tina I
the reversals show quite
clearly that the interest in
the rights Of the individual has
been extended perilously close
TO the point where the rights
Of the public are given no con-
sideration."
Undermining the power Of
the courts and weakening the
prestige Of law enforcement
agencies are prime targets for
communistic forces operating
to overthrow a government. "
the police executive said. In
this respect. the Mallory deci-
sion and other restrictive opin-
ions Of the appellate courts are
disastrous in their effects upon
law enforcement and the clear
ance Of crimes"
Labels Bill Important
Next to communism" he
continued. land the national
defense. passage Of the Heating
bill will be the most important
thing to be considered by Con-
gress next year"
Representative Heating. Re-
publican Of New York. has pro-
posed legislation which says,
among other things. that con-
LESSONS otherwise admissible In
court are not to be thrown out
solely on account of the time
element Of arraignment. one OF
the bones Of contention be-
tween the courts and District
police.
II ask you" he said. "if you
know there have been dozen,
of persons who are charged
with serious criminal offense;
and sometimes q whole serie.
of criminal Offences who have
walked free In this communit,
on the grounds Of insanity"
Cites Durham Case
In that connection he re.
ferred to the Durham case. the
issues Of which were based or
q plea Of insanity.
In effect. Chief Scott sale
the reversal of Durham's con.
viction empowered psychia.
trists to act as judge and jury
The veteran policeman. how
ever, appeared to be particu-
Harry concerned about the
Mallory decision.
1T goes so far In the direc.
ton of leniency for the crimi.
nal that it seems to disregard
the rights Of the law-abidinf
public. the family of the de.
ceased and the victim OF the
rapist. and puts handouts and
shackles on law enforcement
in the District" he declared.
Pictures Consequences
The Mallory reversal. he con,
tinued win have the following
consequences:
l. 1T excludes confession
voluntarily made and otherwise
admissible for the reason O
the tarraignmenD time ele
ment alone.
2. I'm a relatively short time
thousands of guilty persons
would go free.
3. Innocent persons in grea
numbers would. Of necessity
have to be arraigned (becausl
lof the time elementl and tn
stigma Of a police record place,
against them unless there is ,
reasonable time to clear then
by interrogation and investiga,
ton before arraignment.
4. The professional criminal
or the one who plans hi
crimes tuses masks or Stays tn,
victim so there will be n,
witnesses. will be the one pro
tected by the decision.
S. "A criminal committing
multiple offenses will have Il
be arraigned on the FIRST. of
Tense for which he is caugh
and all Of the others tthereb,
warnedD will 60 uncleared will
no recovery Of property
6. Multiple defendants
therefore. could not be prose,
cuted.
z. IF criminals. who wer'
operating in other States. ar
caught in the District ant
arraigned on local charges. th'
cases occurring in other juris
dictions would likely 81
unsplved.
Crime Increase Feared
8. state courts may fee