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March 16, 1967 - Image 4

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The Michigan Daily, 1967-03-16

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Seventy-Sixth Year
EDITED AND MANAGED BY STUDENTS OF THE UNIVERSITY OF MICHTGAN
UNDER AUTHORITY OF BOARD IN CONTROL OF STUDENT PUBLICATIONS

The Privilege Against Self-Incrimination

4

here Opinions Are Free, 420 MAYNARD ST., ANN ARBOR, MICH.
Truth Will Preall

NEws PHONE: 764-0552

Editorials printed in The Michigan Daily express the individual opinions of staff writers
or the editors. This must be noted in all reprints.

THURSDAY, MARCH 16, 1967

NIGHT EDITOR: PAT O'DONOHUE

Chaos at Ohio U.:
Who Is To Blame?

By YALE KAMISAR
The author, a professor at the
University Law School, is a spe-
cialist in criminal law and pro-
cedure. A leading spokesman in
favor of the recent Supreme
Court decisions on criminal
procedure and police interroga-
tion, he recently co-edited "Ba-
sic Criminal Procedure" with
Livingston Hall.
Firstof a Two-Part Series
WHEN, last June, a 5-4 major-
ity of the U.S. Supreme Court
ruled in the landmark Miranda
case that "custodial questioning"
must be preceded by warning the
suspect that "he has a right to
remain silent, that any statements
he does make may be used as
evidence against him, and that he
has a right to the presence of an
attorney, either retained or ap-
pointed," this question was asked
in many quarters: If the privilege
against self-incrimination and the
right to counsel really requires
this much, why did it mean so
little until 1966?
For many decades, the "legal
mind," unhappily, was equal to the
task of seeming to reconcile the
grim proceedings in the station-
house with the lofty principles in
the Constitution: police interroga-
tion-indeed, the "third degree"-
did not violate the privilege be-
cause the questioning did not in-

volve any kind of judicial proc-
ess for the taking of testimony.
The argument ran that because
police officers have no legal au-
thority to compel statements of
any kind, there is no legal obli-
gation to answer to which the
privilege against self-incrimina-
tion can apply and hence the po-
lice can elicit statements from sus-

vocated as a cure for the abuses
of secret police interrogation a
system whereby a judicial officer
would question a suspect only aft-
er informing him of his right to
the advice of counsel, and that
he was under no obligation to an-
swer any question and that his
refusal to answer could not be used
against -him, the recommendation

Of course the view that police
interrogation was neither limit-
ed nor affected by the privilege
against self-incrimination or the
right to counsel had a great deal
more to commend it than merely
the inherent force of its "logic"
or the self-restraint and tender-
ness of the exempted class of in-
terrogators. It must have had, in

"Questioning," as Justice Frankfurter and many others used the term,, is
a 'shorthand' for questioning without advising the suspect of his rights or
permitting defense counsel, friends or relatives to be present."

try must discipline themselves to
seeing their police stand by help-
lessly while those suspected of
murder prowl about unmolested."
Again, the first axiom of Justice
Frankfurter's dissertation on po-
lice interrogation and confessions
in the 1961 Culombe case is:
"Questioning suspects is indis-
pensable in law enforcement."
"Questioning." as Justice Frank-
furter and many others used the
term, is a "shorthand" for ques-
tioning without advising the sus-
pect of his rights or permitting
defense counsel, friends or rela-
tives to be present.
It now appears that the "nec-
essity" for interrogating suspects
without advising them of their
rights was considerably exagger-
ated. For example, after survey-
ing more than 1000 post-Miranda
cases, in fully half of which the
defendant had made an incrimin-
ating statement, Evelle Younger,
Los Angeles district attorney, con-
cluded: "Large or small, .. . con-
science usually, or at least often,
drives a guilty person to confess.
If an individual wants to con-
fess, a warning from a police of-
ficer, acting as required by re-
cent decisions, is not likely to
discourage him.")
TOMORROW: How the stat-
us quo was frozen.

THE SITUATION at Ohio University
over the last couple of weeks appears
more and more with each administrative
move like a deliberate attempt to dis-
credit the Public Employes' union by at-
tempting to blame them for the chaos in
Athens.
The Union was forced to strike when a
stubborn administration refused to grant
them a minor grievance. All the members
wanted was the administration to deduct
union dues from wages. It was a petty
point, substantiated by a 1959 Ohio law.
Ohio University's President Vernon Al-
den never said that the university would
not do this, but rather that the univer-
sity could not legally do it. He alluded to
a 1947 Ohio State Supreme Court case
involving the city of Dayton. By doing
this, Alden turned the dispute into one
which he labelled "legal ambiguity" rath-
er than one of conflicting interests be-
tween the administration and the union.
THEREFORE, all that was needed was
a decision from the Ohio attorney gen-
eral to settle the dispute. The workers
struck Sunday. Six days later Alden can-
celled classes, declaring vacation two
weeks early. Strangely enough, it was 10
days before the phone call to the attorney
general requesting a decision was made.
Alden's declaration of an early spring
break caused havoc in Athens. No stu-
dents had expected to leave. None had
made plans to leave. Alden had specific-
ally said on Thursday the school would
remain open. It was a spur of the mo-
ment decision on Friday that sent 15,000
students racing for all the available
transportation routes out of the tiny Ohio
town.
Added to the inconvenience to the stu-

dents, anger and consternation from an-
gry parents were levelled at the union.
The rationale utilized was: "If there
wasn't that union, none of this would
have happened."
The union had not wanted chaos, but
rather dues deducted from their wages.
It was Alden who had created the chaos.
WHY HADN'T the meeting with the at-
torney general been called earlier?
The explanation to one union official was
"because some trustees were out of town."
It makes the union look bad-very bad.
The whole incident 4dded fuel to the fire
for schools such as this University who
are fighting unionization of their em-
ployes. It wouldn't be unexpected if the
administration argues their non-compli-
ance with Michigan PA 379, asking the
one-sided question, "Do you want another
Ohio?"
The meeting between Ohio U. officials
and the state finally was held Tuesday
and, as expected, the attorney general
ruled in favor of the union. Alden an-
nounced at a news conference that he
would eventually grant the union what it
wanted. This didn't come. as a surprise.
The only surprise was that it came so late.
THE ADMINISTRATION, alone, and not
the union, could have prevented every-
thing that happened if it had only asked
a few trustees to fly into town. But it
didn't.
When the Ohio University case is used
to defend non-unionization, as it surely
will be by universities and civil service
agencies, it overlooks the essential truth
of the situation: that the administration
and not the union is to blame.
-JIM HECK

pects who are likely to assume or
be led to believe that there are
legal (or extralegal) sanctions for
stubbornness.
This "trained incapacity" (to
use Veblen's phrase) to see the
problem in the round was long
utilized by the judges and lawyers
who possessed it not only to shut
from their minds the de facto in-
quisitorial system, but also ta
thwart attempts to mitigate such
a system by "formalizing" or "ju-
dicializing" it.
FOR EXAMPLE, when, in the
early 1940's, a member of the Ad-
visory Committee on the Federal
Rules of Criminal Procedure ad-

was rejected "as being contrary
to the basic traditions of Anglo-
American criminal procedure, and
as probably violative of the con-
stitutional guarantee against self-
incrimination."
The layman, at least, must have
been puzzled why basic traditions
were honored and self-incrimina-
tion problems avoided so long as
neither the proceedings nor pre-
siding officer was "judicial." Per-
haps this is what Mr. Dooley
meant when he told us that he
"knowed a society wants to vote
a monyment to a man an' refuse
to help his family, all in wan
night."

order for it to have been taken
seriously for so long.
AMONG THE FORCES at work
was one of society's most effective
analgesics-"necessity," real or ap-
parent. Its influence may be seen
in numerous opinions. Although
Justice Jackson recognized, in his
much-quoted concurring opinion
in the 1949 Watts case, that "if
the state may . . . interrogate
without counsel, there is no deny-
ing the fact that it largely ne-
gates the benefits of the consti-
tutional guaranty," he was willing
to let this "negation" occur for
otherwise "the people of this coun-

*i

0

Letters: Can Society Grant the Right to Murder'?

To the Editor:
MISS O'DONOHUE'S claims in
your publication, March 10,
that society doesn't have the right
to make child bearing compulsory.
Society does not compel any-
body to bear children, for never
is sexual intercourse compulsory.
Force is rape and society still has
laws for such an offense.
This twisted thinking is very
misleading and she demands that
society grants the right to murder.
The sophomore is telling us,
what any lady with respect for
herself and her sex would try to
avoid, a request to make lewd liv-
ing honorable.
I shall never blame the stu-
dent for this dangerous nonsense.
Let's point the finger on the fal-
sified philosophies, often cowardly
pushed into society by means of
our abused and innocent youth.
-J. Vanneste
Tipton, Indiana
Simple
To the Editor:
ROGER RAPOPORT'S editorial
Sunday should be required
reading for all un-professional do-
gooders (i.e., people concerned with
the survival of the human race)
because it delineates, precisely,
the dangers of parochialism on
both sides of the fence.
Knox Tull, '67E, doesn't worry
about what he doesn't know. He
likes to think he's "normal," lacks
"hang-ups." He knows what he
doesn't like: WHITEY, in short;
and WHITEY'S middleclass, over-
organized, chrome-plated world,
in long. The Daily's editor was
surprised to hear his "easy-going"
roommate get some things off his
chest. Perhaps he was even more
surprised to learn that those

things meant the castigation of the
white world, the lauding of the
black world for its "integrity,"
"community," "pool room (s),"
"good food." That simple.
I am moved to wonder if Tull
wouldn't be as insecure as his
white brother, as "serious," as
soul-searching ("Who am I?"
"Where am I going?"), if he didn't
have his crutch: a large I-Am-
Black-and-Proud-of-It button. I
wonder if he wouldn't do some
thinking too, if instead of eating
dinner or starting a car, he had
,o decide what it meant first, to
be human, then to be an Ameri-
can in 1967, then to be an Amer-
ican Negro.
I SUSPECT he might not feel
so sorry for "white kids."
I further suspect he might turn
off his flood of self-pity.
Much of what Tull says about
the world is true. Much of what
he describes as "white sterility,"
"dog-eat-dog competition," "lack
of community," is absolute fact.
Yet the Negro hasn't the market
on the good life by any stretch
of the imagination.
I could easily reply: So what?
Values like hard work, integrity,
compassion,. aren't exclusively
white middle-class, or Negro low-
er-class. As Paul Goodman makes
clear, they are human values. Tak-
ing one's engineering degree and
working "independently" seems to
me pretty damned inhuman. To
use Tull's terminology, his anger
seems to me, a "bad bag."
That is, Tull knows the Sys-
tem ,has made it near the top.
But for all his hard work, for
all his "height," he hasn't ac-
quired any perspective, nor can
I see, any sympathy or wisdom:
he sounds as "me first" as any

Apportionment on SGC

VARIOUS PROPOSALS have b e e n
brought forth in this semester's Stu-
dent Government Council elections and
discussions of the presidential commission
regarding representation on Council.
These plans have two aims in mind: one
is to provide representation for all stu-
dents on an equal basis; the other is to
create an interest in Council based upon
the election of representatives within
one's own unit, whether it be residence,
school or geographic section on campus.
Probably the latter aim is primary in the
minds of the conceivers, for student par-
ticipation in SGC elections has always
been low, though this is typical of such
elections on campuses throughout the
country.
One such plan calls for representation
on the basis of residence units. This
scheme would apportion a number of
separate representatives to dorm resi-
dents, apartment dwellers and Greeks.
Presumably a list of candidates would be
given to the voters in each unit from
which to select a given number of rep-
resentatives.
This system would insure interested
representatives from each living arrange-
ment set-up, regardless of the final vote
totals. Though its proponents are cer-
tainly fair-minded enough to initially
arrange representation based upon rela-
tive numbers of voters within each sys-
tem, the plan would be malapportioned
within several years.
This would at best necessitate con-
stantly changing the number of repre-
sentatives afforded each unit or at worst
initiate the perpetual dominance on
Council of one particular segment of the
campus population.
Another scheme aims at geographic
representation.But this too suffers from
the same defects as the living unit ar-
rangement, namely, eventual malappor-
tionment and possible dominance of one
campus group. The system could possi-
bly be arranged in a manner so that geo-
graphic representation would include
The Daily is a member of the Associated Press and

apartment dwellers and dorm residents,
but here too dominance by one group
could not be avoided. In fact, one quad
would probably constitute a representa-
tive's district. A district constituted
around Hill and Washtenaw or one en-
compassing the sororities on Tappan
could not help but be permanently de-
termined by the Greek vote.
Furthermore, the geographic represen-
tation would be impractical because, of
heavy concentrations of students in the
quads, in fraternities and sororities, and
among certain off-campus apartment
areas. It would also'tend to be dominat-
ed by the interests within the section
and would completely submerge the mi-
nority within a given district.
A PROPOSAL has also been put forth
to base representation on schools, giv-
en the relative size of each, and afford-
ing each a proportional representation on
Council. This has some merit, but it is
based upon the assumption that students
in the Engineering School have differ-
ent interests than those in the Literary
College. This is true only to a limited ex-
tent when SGC elections are concerned.
A greater conflict of interests might be
seen between the Greek system and the
apartment residents. In effect, the pro-
posal does not get at the heart of the
problem, which is not enough voter con-
cern.
The present method of electing repre-
sentatives seems to be superior to those
presented here.-Unlike the others, it al-
lows those who are concerned--whether
they are in fraternities, are med school
students, or are coeds in an apartment-
to voice their concern: They have shown
their interest by voting and control of
Council should rightly go to them. To
those who are disgruntled with Council's
policies, the opportunity is open to seek
to change them.
The geographic and resident unit ideas
furthermore insure representation on
Council to groups who are not neces-
sarily entitled to it, regardless of their
size or importance. The fraternity sys-
tem has always been represented on SGC
because certain of their members were
concerned enough to vote their repre-
sentatives into office. However, their mere
existence on campus hardly entitled them
to. that particular extent of representa-

WHITEY in Engineering from
Grosse Pointe, Dearborn, Chester,
I ever met. Strange thing about
hate-the longer you do it, the
more you become it.
TULL WEARS the narrowest
WHITEY mask going; his vision is
slight: he dangerously equates jol-
lies with genuine efforts at com-
munication and understanding
("TG's and Canterbury House").
As a result, he has power but no
purpose. It is exactly this kind
of smug, aristocratic indiffer-
ence, this all-inclusive withdraw-
al that contains religion, race, na-
tionalism, which makes Ausch-
witz's possible, nay-probable.
I wish I could speak with Tull.
I wish I could know more of what
he knows. And I wish he could
know me too: not as WHITEY
but as a man.
That simple.
-George Abbott White, '65
Horrible Discrimination
To the Editor: ,
PROF. SCOTT'S answer to Mr.
Greene's charges regarding dis-
crimination in the Engineering
School and Miss Eiker's editorial
(March 11) defending the Engi-
neering School, are at best, glaring
examples of the lack of under-
standing that people have about
civil rights issues. At worst, they
consciously put forward a smoke-
scrden of distraction for the gen-
eral public.
The basic solution to the prob-
lems of civil rights is not recruit-
ment programs, even though they
happen to be the most showy coy-
erups. It is rather to provide the
minority group an atmosphere of
welcome which is the most neces-
sary ingredient for any success.
To this effect Mr. Rapoport's col-
umn (March 12) about conversa-
tions with Mr. Tull provides some
insight.
TO EXTEND such a welcome,
the University must show that once
a student, of any shade of color
or belonging to any minority
group, is admitted to this Univer-
sity, he would be given at least'
equal rights and opportunities. My
associations and informations in-
dicate that the Engineering School
is particularly delinquent in this
respect.
As a matter of fact the mistreat-
ment of certain students have been
so horribly discriminatory that
these students can't imagine any
significant difference between
Michigan and Mississippi. An ex-
tember of the Graduate Student
Council told me that the major
complaints, quite ironically, come
from the school in which Mr.
Powers and Mr. Balzhiser are pro-
fessors: You might remember that
Mr. Powers took a very self-right-
eous stand against the movie
"Flaming Creatures." Mr. Balz-
hiser is the pride and joy of the
University, sitting on the. City
Council.

programs and creating an atmos-
phere of trust are highly interde-
pendent, an overemphasis on the
former is putting the cart before
the horse. The results could only
be disastrous as evident in Mr.
Tull's alienation. I would respect-
fully submit that if Miss Eiker
wants any in depth analysis she
should interview a few engineering
professors. I am sure she would
come up with the conclusion that
many of them need half a dozen
courses in real human values. I
would offer some helpful hints if
she so desires.
I must ask the editor to with-
hold my name since I cannot
jeopardize the career of any stu-
dents whose names can easily by
identified by associations.
Tragedy
To the Editor:
HAVE LONG been a staunch
Daily admirer and in general
have respected your standards and
policy of avoiding sensationalism
in reporting. I can, therefore, un-
derstand why you did not give
front page coverage to the tragic
deaths of three Michigan students
who were killed in a plane crash
while returning after spring break.
Certainly no friend or classmate
could tolerate sensation capital
to be made of so deep a loss.
Yet I find it appalling that
three members of the University
could perish with so little notice
f r o m the community-at-large.

Michigan is a sprawling, mechan-
ized institution, but I refuse to
believe that it has grown so im-
personal that people can be al-
lowed to depart so anonymously,
so callously.
I CANNOT see why The Daily
could not have carried, at least,
on its editorial page a notice of
memorials-this is a gesture which
would have been appreciated by
those who cared for and lived with
these students. I think The Daily
has failed in its responsibility to
the university community.
I regret not having known two
of the students but I do have
informationrconcerning a memo-
rial fund for Colleen McCormick.
She had recently been accepted
to the Peace Corps in the Philip-
pines, and thus a fund has been
established in her name for CARE
in the Philippines. Any memorials
may be sent to her family home
at 1315 Sunset Lane, W. Lafayet-
te, Indiana.
-Karen Helgeson, '66
Cambridge, Mass.
All letter- must be typed,
double-spaced and should be no
longer than 300 words. All let-
ters are subject to editing;
those over 300 words will gen-
erally be shortened. No.unsign-
ed letters will be printed.

0

4

4

OV

"We've Shown That We're Willing
To Go More Than Half Way"

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"Blessed is the peacemaker, for he has

inside information . . ." EVEN THOUGH recruitment.
.A. rte.Dr enc...yALEL PPn
A fter the French E lections

P IERRE MENDES-FRANCE, who
has been prime minister and
might be again, says that the
French election shows that Gen.
Charles de Gaulle no longer rep-
resents the majority of the coun-
try.
The question then is who does
represent the majority. Certainly

politician who defeated Couve de
Murville.
THE ESSENTIAL fact about the
election is that while Gen. de
Gaulle has lost his clear majority
in the legislature, the anti-Gaul-
list majority is not only unorga-
nized, but is unorganizable.

Vietnamese war, the great mass of
the leftist opposition may be de-
scribed as Gaullist, only more so.
President Johnson and Dean
Rusk will find no new supporters
among the leftists, such as M.
Mitterrand, among the socialists,
much less among the much en-

A MOST STRIKING bit of evi-
dence on the general point of for-
eign policy was the election in
which the foreign minister, Couve
de Murville, was defeated by the
incumbent, Edouard Frederic Du-
pont, a rightist who is known as
the deputy of the concierges -
that is to say of the janitors and
sainertintepndent~s of the apartment

the opposition expresses a mass of
grievances and disappointments
with things which the government
has done and with a large num-
ber of things it has not yet got
around to doing.
NOT LONG AGO I had a long
talk with Mendes-France, who is
much the best critic of the Gaul-

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