Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-03-11
Efforts Seen
Underway in
Judiciary Units
BY GRACE BASSETT
Star Staff Writer


Star staff Writer
Proponents Of q modification
Of the Mallory rule appear to
have shifted their efforts to the
judiciary committees from the
District committees Of Congress.
Representative Walter. Demo-
crat of Pennsylvania, and
second-ranking member Of the
House Judiciary Committee, to-
day introduced legislation to
prevent barring a confession in
a Federal court solely because
of delay between arrest and ar
raignment.
This proposal is similar to one
sponsored last week by Senator
Erwin, Democrat Of North
Carolina, a member Of the Sem
ate Judiciary Committee.
Both the Senator and the
Representative are chairmen Of
judiciary subcommittee. Both
the bills would apply equally to
Federal courts in the States and
in the District.
Referred to Committee
Senator Ervin's bill already
has been referred to the Judici-
airy Committee House parlia-
mentarians said the Walter bill
probably would 60 to Judiciary.
The proposed amendments
appeared in Congress after
Senator Morse, Democrat Of
Oregon, registered his opposi-
ton in no uncertain terms to
any change in the Mallory rule
as favored by many senior
House District Committeeman.
House District Committee
Chairman Mcmillan, Democrat
Of South Carolina, has intro
duced a modification that has
been one Of the primary issues
discussed at a series Of three
joint Senate House District
Committee sessions to help
combat the rising crime rate
in the District.
The Supreme Court handed
down the Mallory rule in 1857,
freeing a convicted rapist be-
cause his confession was OBJ
tanned during what the court
judged an unreasonable delay
between his arrest and ap-
pearance before q magistrate.
Strict Interpretation
Since then, local judges have
interpreted this rule strictly,
banning confessions from de-
PENDANTS not arraigned i'm
mediately after their arrest.
Courts also by now are elimi-
mating confessions given after
arraignment.
The Ervin-Walter bills par
allel a 1858 version which was
tied up in the closing days Of
Congress because of q wrangle
over the difference Of one word
in the Senate and Fiouse bills.
The word was solely" The is
sue was whether a confession
should be barred because Of a
delay or solely" because of a
delay.
Voluntary Called Key
Representative Walters new
recommendation would amend
the United States code with
this language:
Evidence, including state
ments and confessions, other
wise admissible, shall not be
inadmissable solely because Of
delay in taking an arrested
person before a commission, or
other officer empowered to
commit persons charged with
offenses against the laws Of the
United States: provided that
such delay is to be considered
as an element in determining
the voluntary or involuntary
nature Of such statements for
confessions"
The key word in this bill
seems to be voluntary" Mr.,
Waltersand Senator Erwin both
want to emphasize that the
real test Of admissability for a
confession is whether 1t was
voluntary or involuntary.
voluntary confessions, in
their view. could be acceptable
even though they were taken
by police during an interval
after arrest and before bring
ing a defendant before q COM
magistrate.
Strategically, Judiciary pro-
cessing Of the bill could move
it faster through Congress.
The House District Committee
seems TO favor q bill which
would apply only locally, but
this local proposal would run
into stiff opposition in the