Evening star., 1963-04-30
Baze|on Backs
Mallory and
Durham Rules
Hits D. c. Police
On Use Of Dogs,
Premature Arrests
BY JACK LANDAU
star staff writer

Clon ana Lne use OF police uOgS.
He also implied that the po-
lice discriminate in their ar
rest procedures between the
rich and the poor.
In a speech delivered at the
Federal Bar Association lunch
con, Judge Bazelon said: THE
subject under discussion is
not you or me. We don't
get arrested without prob
able cause because, to put
1t painly, we don't look as II
we would commit acts Of vio-
lence and we do look as II 1t
might not pay to trlfle with
our rights. Nor would you or I
be subjected 10 long interroga-
ton by the police without the
benefit Of counsel. Nor do you
and / live in neighborhoods
where the police dragnet is
used, and where suspects are
subjected to wholesale arrests" +"
Enforcement Needed
Judge BaSelon said that mo
one would deny that we need
vigorous law enforcement"
He asked: But should this
entail, for example. the use Of
terror evoked by the threat Of
setting beasts against human
beings? ! refer, Of course, to
the use Of police dogs. AL
though / am not aware that
this use has reduced the crime
rate, the police assert that 1t
is effective. Assume for the
moment that 1t is. A full-scale
reign of terror might be effec-
tive too. But could we respect
ourselves If we instituted one?"
The Mallory rule. based on a
Supreme Court decision, ex-
cludes from criminal trials con-
fessions which are obtained by
police If the arrested person
has not been promptly brought
before magistrate and warned
of his rights.
The Durham rule, handed
down by the United States
Court of Appeals. holds that q
defendant may be found not
guilty by reason Of insanity II
he suffered from q mental dis.
ease or defect at the time the
crime was committed and II
the crime was q product Of the
disease or defect.
No "Cause"
Arrests for Investigation,
police practice which recently
has been banned here, was used
to pick up and question per-
sons suspected of crimes al
though the police did not have
the legal requisites Of prob
able cause" to issue an arrest
warrant.
Judge Bazelon dispute e d
charges that the Mallory and
Durham rules increased the
crime rate. II doubt" he said. /"
that the perpetrators Of crime
calculate nicely the length Of
time during which they may be
interrogated by police before
deciding where to snatch a
purse, or consider that. II
caught, the chance of being
sent to a mental hospital in
stead of a prison may be great
er here than 1t would be else
where.
He added, Suppose. for in
stance, 1t could be shown that
the Durham rule increases the
crime rate. Then we should
have to weigh the morality Of
Furnishing mentally Ill people
by prison or by death"
After noting that Washing
ton ranks 18th In crimes among
the Is largest cities. the Judge
said:
Human "Cussedness"
Unlawful behavior in the
District has been attributed to
a variety Of cause.-the NAL
lory Rule; the previously ex-
listing cussedneSs OF the human
race; the Durham rule. OF
course; and soft sentencing
policies-a charge which nicely
ignores statistics showing that
District OF Columbia felons av-
erage a longer stay in prison
than do felons in the States or
in other Federal jurisdictions"
Referring 10 the causes OF
crime here he said II think I
know some parts OF 1t" and re-
lated an explanation which he
said was told 10 him by a wet
eran police officer" He said
the police officer related:
"Oh yes, It's quite simple.
You see, August was a very wet
month. These people wait on
the street corner each morning
around 8 or $3.50 am. for q
truck TO pick them up and take
them TO a construction site. II
it's raining, that truck doesn't
come; and the men are going
TO be idle that day. II the bad
weather keeps up for three
lays, we know we are going TO
have trouble on our hands
and sure enough, there invari-
ably follows a rash Of purse
snatchings, house breakings
and the like. These people have
10 eat like the rest OF us, you
know"
Judge Bazelon said that
this vignette is a painfully
sharp illustration Of the direct
relationship between unem-
ployment, poverty and crime.