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September 07, 1969 - Image 3

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Publication:
The Michigan Daily, 1969-09-07

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I

Criminal law expert hits police cr

GRADUATE ASSEMBLY
First Meeting
of Fall Term
All Interested
Graduate Students
Urged to Attend
Wednesday, Sept. 10

A leading University criminal
law expert yesterday attacked the
idea that recent Court decisions
defending individual rights have
h a m p e r e d law enforcement.
Speaking before the Philadelphia
Bar Association, Prof. Yale Kami-
sar declared:
"Almost invariably, the day aft-
er 4 liberal Supreme Court deci-
sion, grief-stricken law enforce-
ment officers proclaim it to be a
'crippling'-if not a 'death' blow.-
"Yet almost invariably, subse-
quent studies. reported in the back
pages of the newspapers. if re-
ported at all, reveal that these ex-
pressions of horror and dismay
and prediction of doom were gross-
ly exaggerated."
Kamisar argued that while there
has been widespread alarm about
the 'credibility gap' in the White

House and the Pentagon, there is
an amazing lack of awareness
about the 'credib'ility gap' relating
to law enforcement officers.
Kamisar cited an instance where
a Los Angeles district attorney
drew resentment from many of
his colleagues for having "broken
ranks with them" by declaring
that the Supreme Court's "Miran-
da" decision had had no adverse
affect on law enforcement in his
jurisdiction.
The Miranda decision. handed
down in 1966, requires that sus-
pects be told of their rights and
furnished counsel, at state expense
if necessary.
Despite all the talk about how
the Court has bent over backwards
to defend the accused, Kamisa
declared that much remains to be
accomplished to improve the ad-

ministration of criminal justice.
"Whatever symbolic victories he
liberals may have won in the ;u-
preme Court, they have sufferud
great defeats in the halls of . n-
gress and they are faring very
badly in, the court of public
opinion...
For the last century. said I'tairi-
sar, there has always been a ', rine
crisis." but never "has the ;eeiing
of crisis been more pervasive."
Kamisar disparaged the current
popularity of the "war theoi'y' of
crime control. The 'war thco:y'"
holds. he said, "that the nolik mnn
is a peacetime soldier, -md if ul-
ets go astray. if civilians -nre n.is-
treated, if civil rights are suspeni-
ed. those a:e ,iccidents inh rent Jn
a warfare,''
Further, the "war theory
postulates. said Kanisar 'that cx-

fense attorneys are the enemy's
diplomatic corps: that law profes-
sors and criminologists are to be
scorned because they are the paci-
fists in the var; that citizens ;v ho
object to excess police authority
are lending aid and comfort to the
enemy: that police abuses are to
be avoided only because such in-
cidents may become public and
tarnish the police image and huat
the cause."
"Not a few people," continued
Kamisar, "were disturbed last yoar
that when criticism of the han-
dling of the Vietnam war touched
a nerve, a high Administration c!-
ficial snapped back, 'Whose side
are you on?' "
"I would hate to count the nivny
times law enforcement spokesmen
have asked their critics: Whose
side are you on, the side of the

-dibility
law and order--or the side of the
burgler, the rapist, the dope ped-
dler?"
"Those caught up in 'a war' find
it much easier to question their
critics' motivation than to answer
their arguments."
Kamisar noted that during his
days as a law student, respected
legal experts taught that the Con-
stitution, as interpreted by the
Supreme Court up to 1949. repre-
sented the "maximum restrictions
upon the power of organized so-
ciety." Even the strongest critics
of the Court today agree that this
was an exaggerated view, said
Kamisar.
"I am confident, too," Kamisar
predicted, "that by 1989 all cf us
shall agree that 1969 did not imark
the maximum restrictions on sov-
ernment either."

T:30 P.M.

Rackham Building

WINNER!3ACADEMY AWARDS
INCLU iNG BEST ACTRESS KATHARINE HEPBURN

fr l&- NaI 'S PHON E: 764-05 42
n etmbrII 7, 969AnnArbr,,MciganPgeSINESS PeNE:e764-055 e
Sunday, September 7, 1969 Ann Arbor, Michigan Page Three

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news today
I) The As ociaed PI a d ul ( P tc t irEss Se11

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ACADEMY AWARD
UEII1 N ER

JOSEPH
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BEST DIRECTOR-MIKE NICHOLS
E. LEVINE
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HUBERT HUMPHREY. in an interview broadcast today says
that the United States should withdraw its troops promptly and
systematically from Vietnam.
If we did this, the form r ' ic -pr sident says, the S o u t h
Vi'tnamnese government would start "facing up to the political real-
ities and either strengthening their government. or making whatever
concessions they need to the Viet Cong."
"I don't think there's any way that we can prevent Commun-
ists from taking over countries unless the people in the countries
want to be free and want to have their own way of life and their
own institutions. We can't police the world" says Humphrey.
SENATE MAJORITY LEADER Mike Mansfield urged Presi-
dent Nixon yesterday to propose an unlimited Vietnam cease-fire
and to couple it with further troop withdrawals in a new initiative
to end the war.
Meanwhile, fighting in Vietnam was heavy as the NLF launched
the year's heaviest rocket and mortar attack against Danang and 15
nearby American installations.
SOUTH VIETNA31ESE VOTERS will elect local officials in
more than 1,150 villages and hamlets today and in the following
two weekends in the final round of a government campaign to
restore local self-government-abolished in 1956.
According to Saigon officials, when this round of elections is
completed, nearly 95 per cent of all villages and hamlets in the country
will have elected rather than appointed officials. The government
claims that an average of 1.7 candidates have stood for each post in
earlier series of local elections, held in 1967 and 1968.
STUDENT RADIALS who "infiltrated" industry this sum-
mer to organize workers caused no immediate problems for their
employers, according to an Associated Press survey.
Between one and two thousand students were involved in the
"work-in," which was organized by Students for a Democratic So-
ciety and was designed to involve blue-collar workers in organized
political activity.
Although some of the students did involve themselves in strikes.
there were no reported instances of violence or serious disruption as-
sociated with the "work-in."
A CONGRESSIONAL COMMITTEE has urged t h e Public
Health Service to prepare a thorough report on the use and ef-
fects of marijuana.
Rep. Claude Pepper tD-Fla., chairman of the House Select Com-
mittee on Crime, likened the need for such an inquiry to that which
brught about the landmark report confirming the dangers of cig-
arettes, "Smoking and Health," issued five years ago.
Pepper noted the disparity between present laws on marijuana.
and recent statements on the subject by such federal health experts on
Dr. Roger Egeberg and James Goddard, calling the penalties for its
use unwarranted and unrealistic.
THE UNITED STATES announced yesterday formal recogni-
tion of Libya's new revolutionary junta.
Officials in Washington stressed that the regime had promised
to respect all international agreements and oil company rights. Some
38 American oil companies have interests in Libya.
Britain, France and Italy also recognized the new government
yesterday as it consolidated its control over the country. King Idris,
whose conservative government was overthrown by the coup Sept.
1, said yesterday that he would not fight the new regime.
WHERE IS...
CI AUILD?
Cinema Guild is in the Architecture
Auditorium in the Architecture and
Design School which is located be-
tween Tappan and East University
on Monroe.

new congressional scrutiny

Di Ria ond Ecimoncis
Back-to-scho of 9'oocli s
Students crowd the SGC discount store at its new location in the Michigan Union. The new
store has five times as much space as the store s farmer home in the cramped Student Activities
Building. The switch signals new efforts to tra nsforn the Union from a center for alumni into
a center for students.
PROBE WASTE. 1NEF'FICI N('::
Mre-n
Miitary inte i -rice conf ronts

THE
GRADUATE
AN AVCO EMBASSY FILM

Brazil
releases
prison1ers
RIO DE JANEIRO '>- Most
of the 15 political prisoners whose
freedom was demanded as ransom
for kidnaped U.S. Ambassador C.
Burke Elbrick left here yesterday
for Mexico aboard a Brazilian air
force plane.
The Brazilian terrorists who
kidnaped Elbrick on Thursday
promised to free the 61-year-old
diplomat as soon as word of the
prisoners' safe arrival reaches
here.
The kidnapers identified them-
selves as members of two guerrilla
organizations called the National
Liberation Action and MR-8.
The Brazilian air force C-130
t'anspot flying the mission was
to make two stops in Brazil to pick
up those of the 15 prisoners be-
ing held outside Rio. Sources said
the plane probably would stop at
Recife and Manaus.
There was a two-hour delay
between the time Foreign Min-
ister Jose de Magalhaes Pinto an-
nounced that the plane had tak-
en off and the moment it actually
left the ground. Liftoff came three
hours after a deadline set by the
kidnapers who had threatened to
kill the ambassador unless t h e
trade was made.
Tension had mounted in Amer-
ican circles here as word of the
prisoners' departure was awaited.
"We are very happy" said a
U.S. Embassy spokesman. He add-
ed that Magalhaes Pinto had per-
sonally conveyed the news to Min-
ister William Belton. No. 2 man
at the embassy.
Shortly before the passing of
the deadline. Magalhaes Pinto
announced "what we can say is
that all measures aimed at carry-
ing out the government's decision
are under way."
Starting earflyT
AMMAN, Jordon PI - A
spokesman for Al Fatah, the Arab
guerrilla organization, says h i s
group has begun training seven-
year-olds in guerrills tactics be-
cause it believes the conflict with
Israel "is a long range war that
will go on for years." Youngsters
called Lion Cubs train in special
camps from the ages of 7 to 16.
he said.

&,

WASHINGTON .4' Under ate empire building and dupli-
the cold-eyed glare of key con- cation.
gressmen, the sprawling U.S. in- "I think we should give them
time," said Rep. John J. Rhodes.
telligence establishment has is a member of the subcommittee
marching orders to shape up. as Nvell as of the GOP leader-
Concerned members of the ship in the House, who thinks
House defense appropriations reorganization may be needed.
subcommittee vent so far as to T1here are Republicans and
send their own investigators to Democrats on the subcommittee
make a report on management who feel the intelligence com-
of the Pentagon's Defense In- munity is so crowded w it h
telligence Agency. The congress- agents, analysts, scientists and
men who have questioned the the like that they are tripping
efficiency and product of the over their own cloaks.
space-age cloak and dagger sys- "We have people who a r e
tem are looking to a former col- literally falling over each other
league, Secretary of Defense gathering information," s a i d
Melvin R. Laird, to straighten Rhodes. "It doesn't make sense."
out the military p a rt of the Rep. George H. Mahon, who.
multibillion - dollar intelligence as chairman of both the full
community. Apprgpriations Committee and
They note that Laird named the defense subcommittee, is
Robert F. Froehlke, an assistant one of the powers in the House,
secretary of defense for man- shook his head. "They just have
agemnent, to ramrod defense in- reams and reams and mountains
telligence and National Security of information that isn't all
Agency activity, and to elimi- very valuable."

Estimates of the cost of U.S.
intelligence operations - in-
cluding the military agencies,
the CIA, the National Security
Agency and spy satellites --
vary from about $5 billion a
year to $10 billion.
The congressmnm s irritation
and worry was fired by such in-
cidents as the Israeli attack on
the intelligence ship Liberty,
the North Korean capture of
the Pueblo and the Tet offen-
sive in Vietnam.
Those who are usually t o 1 d
about intelligence activities in-
sist they know only what they
have r'ead in the newspapers
about the latest intelligence
case to hit the headlines -- the
Green Beret, Army and C I A
clash over the alleged slaying
of a Vietnamese double agent.
But a close observer says it has
added fuel to the concern.

ANNE BANCROFT ODUSTIN HOFFMAN -KATHARINE ROSS
CALUER WILLINGHAM A.BUCK HENRY PAUL SIMON
SIMON...GARFUNKEL LAWRENCE TURMAN
MIKE NICHOLS TECHNICOLOR' PANAVISON'
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[J U L IS(PISTIL G[OPGE( S(OTT

E y?

REPERTORY
COMPANY
I A _
S OPT OE4302OC
OCTOBER 14.26

LUNCH-DISCUSSION
11Uf'SI) 11 September 9. 12' :0 ooil
at the
INTERNATIONAL CENTER. 603 E. Madison
SUBJECT:
110 CHI INII AND H1S1 PEOPILE"
SPEAKER: MADAME LE-THI-ANH
Vietnamese writer and philosopher

For reservations,
call 662-5529

Sponsored bv the
Ecumenical Campus Center

RICHARD
EASTON
SADA
THOMPSON
' r

F
CNMA OUI
Saturday, Sunday, Sept. 6, 7
IVTHE TERRIBLE
PART 2

-

1

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