'4 'A u. -I -14 4 b, 4 - IV 4 .. 19 ,,., i Congress is passing some frigh tening legisla tion Bills pending -- * - *4 '4 I -.j -' .t Cartoon by Bill Mauldin from the Chicago Journalism Review PRE-TRIAL DETENTION BILL . A court may imprison a defendant for 60 days before trial, if it determines after a court hearing that his release would threaten the safety of the community, and if there is "substantial prabability that the person com- mitted the offense." The defendant must be in one of four cate- gories: persons charged with a "dangerous" crime (including breaking and entering, seizing property, and distribution of drugs) ; repeat of- fenders and those who have been charged (not convicted) with at least two "crimes of vio- lence"; drug users charged with a crime of vio- lence; or persons charged with an offense related to threatening witnesses or jurors. DEFENSE FACILITIES AND INDUSTRIAL SECURITIES ACT OF 1970 " The secretary of defense may define any institution or facility as a "defense facility" if he determines "its disruption or damage would cause a serious delay in essential services" in a national emergency. This includes "any plant, factory, industry, public utility, mine, laboratory, educational in- stitution, research organization, railroad, air- port, pier, waterfront installation, canal, dam, bridge, highway, vessel, aircraft, vehicle, pipe- line." 0 The President may order a federal in- vestigation of any person connected with these facilities to determine if he is a potential sub- versive, and therefore should be denied employ- ment in, or access to the facilities. The investigation shall include information "regarding such person's present or past mem- bership in, affiliation or association with, any organization, and such other activities, behavior, associations . . . past or present, which are relevant." This bill establishes a special training pro- gram for investigative agents. " The President may summarily deny a person employment in, or access to any defense facility or institution if the special investigation determines he is a subversive risk. 0 Any person under investigation may re- quest a hearing to review his case. However, the government may refuse to disclose the iden- tity of its informants and the source of its in- formation if the person who furnished the in- formation is a "confidential informant" or if it merely determines the information is "reliable. " The President (or anyone he designates) has the power to administer oaths and to compel witnesses to testify and surrender records for scrutiny. No witness may refuse to comply on grounds of the traditional Fifth Amendment protection against self-incrimination, on punish- ment of contempt of court. " No court has the jurisdiction to isse a restraining order blocking the government's or- der to deny a person employment in or access to a "defense facility." CONTROLLED DANGEROUS SUBSTANCES ACT 0 The bill classifies dangerous drugs, and prescribes new penalties for abusers.- 0 Any officer authorized to execute a warrant may, without any notice of his authority and purpose, break into a home or any building if the judge issuing the warrant "is satisfied that there is probable cause to believe" that there are illegal drugs.,inside which may, if notice is given, "be easily and quickly destroyed. 0 This bill passed the Senate January 28, 1970, by a vote of 82-0. DETENTION FOR OBTAINING PHYSICAL CHARACTERISTICS 0 The government may authorize five hours temporary detention of any individual to obtain fingerprints, handwriting samples, voice prints, hair samples, photographs, blood samples, urine samples, palm prints, footprints, saliva samples, or comparative personal appearance of an individual. " The government must show that "reason- able cause exists" to believe that a criminal of- fense punishable by more than one year in prison has been committed, and that detaining the in- dividual "may contribute" to the identification of the person who committed the offense. ORGANIZED CRIME CONTROL ACT OF 1970 0 Special grand juries may sit up to 36 months where designated by the attorney gen- eral, and issue reports recommending the re- moval of public officers and employes on grounds of "noncriminal misconduct or malfeasance." The jury's proceedings may be kept secret. 0 A witness can be forced to testify and surrender records to any court, grand jury, fed- eral agency, Congressional committee or sub- committee if the attorney general requests an "order of immunity" from a United States dis- trict court. The "order of immunity" forbids the wit- ness to withhold information or records on the basis of the traditional Fifth Amendment privi- lege against self-incrimination. Failure to com- ply is contempt of court. "Immunity" means that the witness' testi- mony cannot be used against him in a criminal trial, except prosecution for perjury. What the bills n By FRANK BROWNING ize police to haul any, and DANIEL ZWERDLING for fingerprinting and classification. Suppose you are an out-of-state student Butssi isctti le. attending the University on scholarship. But it is the less You were caught in the South U. dis- are mostapatent-the turbances last summer and were later ficially state one purp acquitted on charges of inciting a riot. pithusnerouhd 1 Then in November you helped organize Thus, under the Og bus trips to the anti-war march in Wash- trol Act, a special gr ington. Last week you were charged with damning reports ec assaulting a student during the BAM moval of any public strike and taken before Central Student -university professors Judiciary on charges of classroom disrup- local mayor-all unde tion. proceedings. The justi Under legislation already passed or final misconduct or ma: currently pending before Congress-sum- or trial necessary. marized on these pages-you would face Under the same bill " immediate loss of all financial aid, a newspaper reporter without a hearing, under student aid laws; tial sources, and the: * imprisonment for 60 days before your three years if he refu trial on assault charges under the pend- Or, as American C ing Pre-trial Detention bill; director Lawrence Sr 0 federal charges of crossing state lines not impossible in ti to incite riot, punishable by five years in ceive that the publi prison and $10,000 fine, under the Civil ground newspaper co. Rights-Open Housing law; charges might be vie 4 wiretapping of your phone by Ann by a sentencing judge Arbor police, under the Omnibus Crime years imprisonment a bill; Take the Defense : * more. than 30 years in the peniten- Act, officially designe tiary, in addition to any other sentence sive access to defense you may receive, under the pending Or- cilities. Under the bi ganized Crime bill. major institution anc Such a legal onslaught is the easy out- tion line is a defens come of a barrage of legislation now pour- or facility, including ing through Congress. It is startlingly highways. So, your un quiet legislation, which for the most part statistician for the D has passed one chamber or passed com- and who belongs to a mittee with little public notice, little pub- is hauled McCarthy- lic alarm, and little opposition in the investigators, his ever Congress itself. filiation and friendshil There are of course the blatant exam- he is forbidden emplo ples: the interstate riot laws, passed in dent as a potential su 1968 and fully exploited by the govern- er of the University ment in the Chicago conspiracy case; the ment is barred from 1 pending "no knock" drug abuse bill, which lines, or driving his ca would allow police to burst into, search, ways. and seize property in any home without By their breadth a knocking, on the pretext that the inhabi- these bills will authori: tants possess illegal drugs; and the pend- investigate, imprison a ing Davis bill, proposed by* Attorney Gen- American citizen, even eral John Mitchell, which would author- no crime. Except polit assa sssme= aasssisisisissesiasisms ssi isssesnessiasssisisesssismaisstaissssissassaisissesissm x. Laws on the books Bills already passed by one house{ 0 The court ness confined for trial if he refuses formation. may summarily order a wit- up to three years without a to testify or provide any in- * A witness may be convicted of perjury (five years in prison,-$10,000 fine) if he makes any "contradictory declarations" under oath. This section eliminates former requirements that the government have the testimony of two other witnesses and direct proof that the witness de- liberately lied, for a perjury conviction. * The government does not have to dis- close the sources of evidence used against a defendant, so he may determine if the evidence was obtained illegally and may therefore be in- admissible in court. This section overturns a Supreme Court decision (Alderman v U.S. 1969). A defendant may challenge the admissi- bility of evidence only within five years after the evidence has been obtained. * A judge, on the basis of a "preponder- ance of information" (not evidence) , can decide that a defendant is a "dangerous special of- fender" and sentence him without trial up to 30 years more than the maximum sentence for his crime. "Dangerous special offender" is defined as a person charged with a felony, who has two or more convictions of an offense punishable by more than-one year in prison; 'or whose offense is "part of a pattern of conduct"; or whose felony was "in conspiracy with three or more other persons." To determine whether a defendant is a dangerous special offender, the judge should place "no limitation on information concerning the background, character and conduct" of the person. * This bill passed the Senate January 23, 1970, by a vote of 73-1. OMNIBUS CRIME CONTROL AND SAFE STREET ACT OF 1968 * The attorney general may obtain a war- rant to wiretap or electronically bug, in any cases related to a federal offense punishable by more than one year in prison, * Any local prosecuting attorney may ob- tain a warrant to wiretap or electronically bug in any cases relating to crimes dangerous to life, limb, or property, and crimes punishable by more than one year in prison. * Any federal, state or local official may wiretap and bug for 48 hours without a warrant, however, if he decides there is an "emergency threatening the national security" or involving "organized crime." * This act overturns three Supreme Court decisions which dealt with the rights of the ac- cused during police interrogation. The law de- clares that confesions are admissible in court even if the accused has not been informed of his constitutional rights, and even if the police hold the suspect more than six hours before arraign- ment, in order to get a "voluntary" confession. ... . Any person who has been convicted of a felony related to a r qualified from federal CIVIL RIGHTS - 01 *n Persons may and fined $10,000 if use the mails, telepl television with intent courage or take part to do so. "Riot" is define once involving the ac one or more persons or more persons whicl did result in damage persons. " The same per structing or interferi fireman in a civil disor "Civil disorder" turbance involving ac more persons creatinc danage or injury to p STUDENT AIDS AMENDMENTS OF 1968 * Any federal student aid which comes under the National Defense Education Act of 1958, or the Higher Education Act of 1965 must be withheld by a university for at least two years if the student disobeys a lawful reg- ulation of the school, resulting in "substantial disruption" of the school. A hearing is granted the students before the cutoff. 0 Any federal student aid which comes from HEW or Labor Department funds must be withheld for an indefinite period of time if the student is convicted of using force, trespass or seizing property in c ficials or students fr functions." No hearir before the cutoff. * Student aid w tional Science Foundc an indefinite time if t ful regulation of the stantial disruption. student before the cut * No NASA aic any students or profe bur military recruiters