Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-11-10

DsNJ WA AOAO VII
excellent editorial expose,
STORY Of Rule 5(a)." There
seems to be q growing school
Of thought. for which I have
no praise. which fosters the
view: Eyes, the Mallory de-
cision did result in q mis-
carriage Of justice but we
need 1t nevertheless to pro-
tect innocent persons from
unlawful arrest and deten.
ton"
I am one of those thinking
citizens of mature years, with
academic credits and expert
ence in several fields of learn
ing including q law degree
and q journalism major.
When we disSect the NAL
Tory case, We find no factual
support for the reversal of
the trial courts judgment,
other than delay between ar
rest and arraignment. But
what has a mere lapse of
time got to do with Mallory's
guilt or innocence? II NAL
lory had confessed at /
O'Clock, his confession would
have been true and admis-
sible, but since he confessed
at 5 o'clock was his confess
sion untrue and inadmis-
Sible?
Therein hes the greatest
evil and mischief in the use
Of the Mallory case as a prec-
edent for future decisions.
II a court can pick out any
fact totally unrelated to the
issue In the case, and use
that fact to release convicted
criminals from custody and
punishment for crime, then
the risk of life by police and
the work Of veteran jurists
like Judge Holtzoff. in bring
ing criminals to trial and con-
viction on the facts in the
case, and establishing guilt
by competent factual evi-
dence, are nullified, and JUS
tice Is Shamed. not justified.
That reason alone, not to
mention other deficiencies in
any legal analysis of the case,
justifies prompt passage Of
a bill in Congress. such as
Senator Heating proposed, to
prohibit courts of appeal
from using the fact Of delay
between arrest and arraign-
ment as q basis for reversing
a trial court judgment that
is otherwise correct on facts
In evidence and records be-
fore the appeals court.
The Mallory decision adds
to that list Of decisions which
bring no lustre to the history
OF American Jurisprudence,
such as the decision that
hanged Mrs. Surrat for the
murder Of Abraham Lincoln.
the decision that put DR..
Mudd in prison for setting
John Wilkes Booths broken
leg. and, the Salem witch
craft cases. In all Of those
cases last mentioned, there
were no facts in evidence
that, on calm and reasoned
analysis, support the judg-
ment rendered. Unfortunately
for the accused in those cases
1t Is now too late to correct
them by legislative enact
ment. But 1t is still possible
by legislative action to pro-
hibit use Of the Mallory de-
cision as q club over the
police, as q defense for GRIM
lnals and as an aid to GRIM
inal lawyers so they can get
undeserved acquittals and
rich fees.
Sensible law-abiding cit
liens. who want to see law
and order prevail over crime
and disorder. should stand
up and be counted on the
side Of the police, and show
the same unqualified respect
for and cooperation with
the police, that we show for
the courts. for Congress and
any other agency of our Gov
eminent.
I like to see police efficien-
cy that meets criminal bru-
tally with whatever force is
necessary to arrest the Grim
inal. That is the only rule
criminals respect. Soft treat
ment of criminals begets
more criminals. No thinking
person should shed tears over
the loss Of freedom OF a GRIM
inal TO mingle freely with So
ciety. Society has q para
mount right and duty to pro-
tect itself not only from the
overt acts Of criminals but
also from the sobbing and
mollycoddinR Of criminal
sympathizers.
Harold r. Mericle.
In . letter headed Solving
a Murder" (Star. lfsb-62)