Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-02-23
Continued From First Pace

EAVhH EuSt age
deprived of their most effec-
tive technique if questioning
is restricted and prosecutors
are deprived of important evil
dence If they cannot introduce
confessions at trials.
3. Predictions that crime will
continue to rise in Washing
ton-no matter how large the
police force-if police cannot
complete their investigations
through interrogation.
In both Maryland and vir-
ginia, the poll showed, the sole
test of whether a confession
can be admitted at trial is
whether it is a voluntary con-
feSSion. In the District, if too
much time is consumed be-
tween arrest and arraignment
III hours in the Mallory case
the confession, however VOL
untary it may be. is barred
from the trial.
Bill Considers Factor
The hearings to be held this
week deal with a Senate bill
that would provide that time
alone should not be the sole
factor in determining the adj
instability of a confession. The
bill and others to be considered
deal with Rule 5 ca of the
Federal Rules of Criminal Pro-
cedure-the rule which provides
that an arrested person should
be brought before committing
magistrate without unneceS-
sary delay"
Varying interpretations of
the holding in the Mallory case,
as we'll as genuine disagree
ment among authorities as to
the meaning of Rule S Ia
cause these hearings to be par
ticularly important. Senator
O'Mahoney said. I'VE have
scheduled thorough hearings
and We want every viewpoint
expressed. 1t is important that
the police and trial courts
know what they may do and
may not do with regard to in
interrogation and confessions. "
The list of witnesses invited
to testify begins with Deputy
Attorney General Lawrence E
Walsh, Washington Police Chief
Robert " MURRAY and United
States Attorney Oliver Gasch.
F. Joseph Donohue. former
president of the Board of Dis
trict Commissioners. will head
the list of witnesses who be-
lleve no clarifying legislation
Is needed. Supporting this
view will be Attorney Mvron
Enrich; Attorneys belong
Harris and William B. Bryant,
both representing the Washing
ton Bar Association: Irving
Ferman, American Civil Liber-
ties Union: John Silard. Amer
leans for Democratic Action,
and Prof. Harrop Freeman.
Cornell University School of
Law. representing the Friends
Committee on National Legis-
lation.
Testify in Favor
TeStifying in favor of the
legislation will be Prof. Fred
E Inbau of the Northwest Uni
versity School of Law. a recog-
nized authority on interroga-
ton and confessions. Others APP
pearing for the legislation will
be Representative Heating. Re-
publican of New York: Aaron
Kohn of New Orleans. repre-
senting the National Associa-
ton of Citizens Crime Commits
sions; Philadelphia Police Chief
Thomas j. Gibbons, represent
ing the International Associa-
ton of Chiefs of Police, and
George Hart. chairman of the
District Council on Law En-
forcement.
In advance of the hearings,
The Stars poll of the nearby
area showed the difference that
now exists between law en-
forcement in the District and
the neighboring counties.
MONTGOMERY COUNTY
States Attorney Alger Barbee
said, We're not restricted by
any rule or precedent as to how
long police can question a sus-
pect. The only test is whether
the confession is voluntary. II
may take a day or two of run
ming down alibis before a sus-
pect finally runs out of alibis
and admits he committed the
crime. Confessions have a two
fold value-the leads they give
to other evidence and their
value in a trial. There is nc
rush to arraign prisoner
There is no requirement that
police must warn a suspect be.
fore questioning him. While
the prisoner is awaiting q
preliminary hearing. police car
talk to him at any time. Hi
can be taken out of Jail tt
re-enact the crime"
Chief James E. McAuliffe
I'm afraid if the Mallory de.
cision is not corrected by leg.
islation. it will ultimately have
an effect on the State courts
Unless police have the right
to question and check out what
suspects say, they won't know
II thew haua fhn .;c.k.A .uo..