Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-10-23
Bible Queries
Experts on
Legality
BY GRACE BASSETT
Star Staff Writer

tionality of a House bill to
broaden police powers to ques-
ton suspects.
A judge and one law pro-
feSSor disagreed with a Justice
Department warning that two
sections of the bill could fall
under constitutional attack. A
third lawyer agreed with the
Justice challenge.
Justice argues that the House
bill drops safeguards assured
to persons accused of crimes.
The safeguards. erected by
court decisions, protect against
possible abuse by police to ex-
tract involuntary confessions,
Justice prosecutors said.
So. they have suggested that
the safeguards be written back
into any District law codifying
eligibility Of confessions. JUS
tice safeguards" would prom
Use that defendants need not
talk and that they may consult
relatives. friends or lawyers,
and be questioned In the pres
ence Of witnesses or recording
devices.
The controversial sections
would. first, prevent the bar
ring Of confessions from court
solely because of a delay be-
tween arrest and arraignment.
Second. the House bill would
permit police to "detain" rather
than arrest" suspects for
questioning up to six hours.
Senator Erwin. Democratic
chairman of the Senate Con-
stitutional Rights Subcommit-
tee, today opposed resumption
of investigative arrests here.
The North Carolinian urged
that insanity defense and con-
LESSONS procedures be written
INTO a new District law.
HOltzOff Approves
District Court Judge Alex
ander Holtzoff assured Senator
Bible that the House bill would
stand a constitutional test in
the courts.
THE defendant is adequately
protected in the House lam
guage, barring any statement
from the defendant after his
arrest unless the defendant was
warned that he need not
incriminate himself" Judge
Holtzoff said.
Fred z. Inbau. Of the North
western University Law School.
insisted that Congress must
not refuse to act for fear the
bill might be unconstitutional"
Several State supreme courts
have upheld similar laws, Prot.
Inbau said. This support should
bolster Congress in its duty"
to take a chance on the House
anti-crime measure, despite
grave doubts by some at
torneys. Mr.. Inbau maintained.
Public Peril Seen
The Illinois criminal law ex-
pert insisted the bill was "ab-
solutely necessary" to prevent
Handwriting police and endan-
| gering the public.
IF a new law for the Dis
trict enacted by Congress is
declared unconstitutional, the
danger to the public would de-
mand a constitutional amend
ment to permit it's re-enact-
ment," the professor said.
Senator Bible wanted to know
what police could ask suspects
after arrests made on reason
able suspicion or probable
cause.
Prof. Inbau's sensible guide"
was:
"A policeman should ask
himself, Us what I am about
to say or do apt to make an
innocent man confess?' If the
answer is yes, he should not do
it or say it. If the answer is
no. he should say or do It,"
This technique is aimed at
getting a voluntary" rather
than involuntary" confession.
VoluntarineSs is an ultimate
test of admissibility of confess
sions in any court, the Senate
District Committee, which Sem
ator Bible heads, was told.
Opposition View
George W. Shadoan, a law
yer and professor at George
town University Law Center,
cautioned Committee Chairman
Bible, however, that crime had
been over-emotionalized here.
He said he was not ready to
commit his freedom to the
benign discretion of a benevo-
lent police force" And he cited
District cases to show that
police had failed to investigate
evidence of innocence if they
had any evidence of guilt.
So, innocent persons some
times were jailed for weeks al
though objective "interroga-
ton" by police could have
cleared them on the spot, he
maintained.
There is a limit to the in
vestigation police can do" Mr..
Shadoan admitted. But If
this is true, let's acknowledge
it. Police don't have either
men or time enough"
Mr.. Shadoan said he did not
minimize the serious crime
problems in Washington. But
he said he felt very uncom-
Portable" when the House ac-
cepted a committee report re-
lying on police discretion to
protect the innocent.
Senator Bible is presiding
over committee hearings on an
omnibus House bill which deals
with the insanity defense,
minimum sentences, obScenity
and gambling on sports events.