Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-04-29
Senate Group Backs
Mallory Rule Change
Continued From First PAGE

Continued From First Page
decision reversed a death PEN
atty rape conviction on the
ground that the confession
should not have been admitted
at the trial because OF q delay
between arrest and arraign-
ment. The House Judiciary
Committee already has reported
out Mallory legislation,
The Senate report, unani-
mouSly approved at a meeting
of the full committee yesterday.
ranged over a broad area Of
Federal law enforcement.
The reports recommended
lions for legislation 10 plug
loopholes In the law and i'm
prove the administration OF
justice came in the framework
OF a reminder that crime In the
United States has reached Its
highest point In history and
that last year SIS per cent Of
the new long termers In Fed
eral institutions were repeaters.
AS the report was made
public, Subcommittee Chair
man OMahoney issued a state
ment on the Mallory decision.
Legislation to clarity the
real meaning OF the decision"
he said. can easily release law
enforcement officers from the
binding effects OF broad inter-
pretations of the Mallory deci-
sion. which seem not to be
justified by the language OF
Supreme Court ITSELF"
Had the Supreme Court
based its decision on the fact
that the defendant, Andrew
Mallory. had to take a lie de-
tector test before he was ar
raigned. Senator O'Mahoney
said. "the confusion which has
resulted in the minds of trial
judges and the police could
never have occurred"
While 1t Is undoubtedly de-
sirable to clarity the decision
by legislation. the subcommit-
tee chairman said. it is not nee
eSsary to reject the basic con-
illusions of the court. He added
that the Mallory case was in
no sense a leading case to
shackle the police in the per-
Torrance Of its duties.
Three Questions
The subcommittee found
that three questions. each
urgently requiring an answer,
we're involved in determining
the meaning Of the Federal rule
on which the Mallory decision
was based.
The questions: How long
may a person be held in Gus
tody before being brought be-
fore a committing magistrate?
To what extent may a person
in the custody of police be
Intercepted prio r to being
brought before a committing
magistrate? Under what con-
ditions shall a confession OBJ
tanned from the person while
in police custody before ar
raignment be admitted at his
trial?
Calling for congressional an
swers to these questions, the
report warned:
Until this is done-until
certainty in the rule is estab-
lished-the police. prosecutors
and trial judges will be seri-
ously handicapped in perform
ing their respective duties. It
is obviously essential to these
authorities to know what they
may do and what they may
not do. Such knowledge serves
both to protect the rights Of
individuals and also the COM
munity in its desire for effec-
tive law enforcement"
ID. C. Cases Cited
The report cited a series of
District cases variously inter-
preting what could and could
not be done under the Mallory
decision. These varied inter-
pretations. the subcommittee
found. indicate that 1.-The real
difficulty" is the absence OF
suitable guide lines for deter
mining what constitutes "un-
necessary delay" in bringing a
prisoner before committing
magistrate.
The report expressed doubt
that the appellate courts could
establish such guide lines. since
the Supreme Court itself indi-
Gated that 1t was UP to Con-
gress to establish the rule gov
erning arrest and arraignment
practices.
The report found that the
interpretations of the Mallory
decision by the trial courts vir-
tually foreclose police oppor-
tunity to complete usual and
necessary arrest procedures. in
GLIDING interrogation"
The report gave this descrip-
ton Of the eaftermath of the
Mallory doctrine:
The community is not ade-
quately protected. Police, In
the rush to get prisoners ar
raigned under the new inter-
probation. can not take the time
to ask accused persons the ques-
tons that would lead to the
recovery of stolen property.
Neither can police take the time
to question those accused about
their confederates who are still
at large to prey on society.
Innocent Accused
1.-THE innocent are not prop
erlv shielded pnlina ronorde