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October 02, 1966 - Image 2

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Publication:
The Michigan Daily, 1966-10-02

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SUNDAY, OC'T'OBER 2, 1966

PAGE TWO

THE MICHIGAN DAILY

PAGE TWO FIfE )IICIIIG1N I)lILY SUNDAY. OCTOBER 2. 1966

I

rrirmw

Bar"

Association

Ass

Crime

News

Policy

WASHINGTON (VP)) - An Am-
erican Bar Association study
group recommended today that in
pending criminal cases police, pro-
secutors and defense attorneys be
barred from making public "po-
tentially prejudicial information."
At the same time, the 10-mem-
ber panel of prominent judges and
lawyers specifically rejected the
idea of restricting crime news cov-
erage by new laws or through ex-
panded use of the courts' con-
tempt powers.
"We submit that the primary
burden for ensuring fair trial rests
bn the legal branch and the agen-
cies which serve and minister to
it," the panel said in the preamble
to its 226-page report..
Recommend Revision
Along these lines, it recommen-.
ded that the canons of legal epics
be revised to limit what prosecu-
tors and defense lawyers may say
publicly about a suspect witness
and evidence from time of arrest
until completion of trial.
Similarly, it recommended that
all criminal courts adopt rules( to
limit release of information by po-

lice and law enforcement agencies.
Violators would be subject to
contempt of court procedures and,
in the case of lawyers "in more
serious cases," to disbarment.
Regarding the news media
themselves, the report said "The
committee does not believe that
the present resolution of the prob-
lem confronting us lies in the
adoption of direct restrictions on
the media."
Stifle Discussion1
And, it continues, "particularly
during the pretrial or posttrial
periods, the imposition of restric-
tions might stifle desirable dis-
cussion of important public issues
and discourage needed criticism
of official conduct."
However, during a criminal trial
by jury, the committee recom-
mended "limited use" of the con-
tempt power against "a person
responsible for dissemination of
potentially prejudicial material if
certain conditions are met,"
These conditions, the committee
said, include statements "reason-
ably calculated" to affect the tri-
al's outcome and also where there

is "a clear and present danger that
evil would occur."
Withhold
Types of information which the
ABA committee recommended be
withheld by prosecutors, defense
attorneys and law enforcement
agencies include:
-1. The prior criminal record,
or statements as to the character
or reputation of the defendant.
-2. The existence or contents of
any confession, admission or
statement given by him or his
refusal or failure to make a state-
ment.
-3. Performance or results of
tests or examinations and refusal
or failure to take a test or exami-
nation.
-4. The identity, testimony or
credibility of prospective witness-
es.
-5. Possibility of a guilty plea
to the offense charged or to a
lesser offense.
-6. The defendant's guilt or in-
I nocence or other matters relating
'to the merits of the case or the
evidence.

Also, the committee recommen- Justice, headed by Chief Judge J.
ded prohibiting interviews, for Edward Lumbard of the U.S. Cir-
publication, with a person in cus- cuit Court in New York, for pre-I
tody unless he asked to be inter- sentation to the ABA Board of
viewed in writing and was told of Governors and House of Delegates.
his right to consult a lawyer. Presumably, this will occur next
However, lawyers andn police August at the Association's 90th
officers would be permitted to give annual meeting in Honolulu.
such information as the identity The study was prompted in part
of the arrested person, the circum- by the report of the Warren Com-
stances of arrest, the substance of mission on the assassination of
the charge and to describe evi- President John F. Kennedy.

the British system, where judges' the media, there are several diffi-j
have considerable power to pun- culties," the report said.
ish the news media for contempt. "First, the British experience
But it rejected this or enact- suggests that the exercise of such
ment of statutory restrictions, power by judges may serve to stifle
saying "both courses, in- the corn- desirable public discussions of iss-
mittee's view, involve hazards and ues and to diminish the crusading
do not seem warranted in absence zeal of the press.
of the clearest showing that less sion of the use of the contempt
drastic measures will not achieve "Second. any significant expan-I
the objective. power against the news mediaj
"With respect to increased use would pose constitutional questions
of the contempt power against that have yet to be resolved."

dence seized.
And the committee recommend-
ed making an erception to its pro-
posed policy of non-disclosure of
prior criminal records where such
disclosure would aid in the appre-
hension of a suspect or serve "to
warn the public of any dangers he
may present."
The committee, headed by Jus-
tice Paul C. Reardon of the Su-
preme Court of Massachusetts, is-
sued its tentative recommenda-
tions "for consideration and dis-
cussion" after a 20-month study.
A final report will be submitted
to the ABA's special committee on
Minimum Standards for Criminal

Dallas Case

The Committee said disclosure
by Dallas law enforcement author- ets
ities of their case against Lee Hara Text Highlights Press' Role
vey Oswald endangered his right
to- - ,ilT+ -1nA ,I~ cnn Ite-r. ,.".

to a fair trial. it called r osteps
to bring about a proper balance
between the right of the public to
be kept informed and the right of
the individual to a fair and im-
partial trial."
The Reardon Committee con-
cluded that there "need be no ba-
sic incompatibility" in applying
the constitutional guarantees of
free press and fair trial.
It noted that "several observers"
have urged adoption of aspects of

The Week To Come:
A Campus Calendar

Editors Decry ABA's Report,
Say Danger Posed to Press

In Coverage o
WASHINGTON (()) - Follow-
ing are textual highlights of the
report by an American Bar Asso-
ciation study group on fair trial
and free press:
We hold that there is an ac-
commodation possible which will
give full force to the. guarantees
of the First and Sixth amend-
ments without simultaneously giv-
ing rise to conflicts that have in
many quarters been deemed in-
evitable.
We submit that the primary
on the legal branch and the agen-
cies which serve and minister to it.
burden for ensuring fair trial rests
The nature and manner of that
service largely determines the ex-
tent to which the streams of jus-
tice which should be clear are
made less so by the news media,
whose task it is to keep the people
informed.
None are more aware than we of
the vital importance of a free press
in this democracy. We further be-
lieve, however, that freedom car-
ries with it a responsibility for
the exercise of restraint in the
reporting of criminal matters, and!
that in the absence of such re-
straint, no steps that can be taken
will effectively ensure the preser-
vation of the right of fair trial.
Several observers have urged
adoption of some aspects of the

Af Trial News
system currently in force in the
United Kingdom and other Com-
monwealth countries, where judg-
es have far-reaching powers to
punish the news media for con-
tempt for publications tending to
interfere with the fairness of a
trial.
Others have proposed the adop-
tion of statutory restrictions.
The committee does not recom-
mend the adoption of either of
these approaches.
The significant expansion of the
use of the contempt power against
the news media would pose con-
stitutional questions that have yet
to be resolved.
The committee believes that an
essential step in dealing with the
problem of potentially pre-judicial
news coverage is the adoption of
carefully limited restrictions on
the release of information by law-
yers and law enforcement officers.
The committee's research and field
work show that the overwhilming
preponderance of potentially pre-
judicial material emanates from
these -sources.
Adoption and enforcement of
appropriate restrictions, it is be-
lieved,,alls within the province of
the judiciary, will not abridge the
constitutional freedoms of speech
and of the press, and should signi-
ficantly alleviate if not resolve the
problem that now exists.

SUNDAY, OCT. 2
4:00 p.m.-Capt. Win. S. Pascoe
of the Public Information Office
will lead an open Draft Discussion
sponsored by UAC in Aud. A, An-
gell Hall.
8:00 .p.m.-UAC' Creative Arts
Committee presented a Read-In,
"Poets on the War in Viet' Nam,"
in the Union Ballroom.
MONDAY,OCT. 3
2:00 p.m.-An open meeting will
be held in Conference Room 4 of
the Michigan League to discuss
the role of the police on campus.
TUESDAY, OCT. 4'
8:00 p.n.-The APA Repertory
Theatre Company will perform in
Loca Police
On Full Alert
For Sit-InS
(Continued from Page 1)
State police took over patrols in
the outcounty areas as ,deputies
were brought in for the mobiliza-.
tion. -
Prosecutor William F. Delhey
and two of his assistants Joined
the group at the sheriff's office,
ready to issue warrant authoriza-
tion for trespass and resisting
arrest.
Sheriff Douglas J. Harvey ob-
tained a bus and two paddy wag-
ons and readied them to haul off
demonstrators.
Shortly before the 5 p.m. dead-
line, Harvey and Undersheriff
Harold J. Oweings Jr. walked into
the Administration Building. Nerv-
ous University authorities hurried-
ly asked them to leave lest their
appearance itself set off an out-
break. They retreated grudgingly
to a squad car.

"T h r e e Mysteries With Two
Clowns" in the Lydia Mendelssohn
Theatre.
WEDNESDAY, OCT. 5
4:15 p.m.-Bruce Carlson of the
anatomy department will. deliver
a speech on the "Exchange Scient-
ist's View of the USSR" in Room
201 of the East Medical Bldg.
8:00 p.m.-The APA Repertory
Theatre Company will perform
in "Three Mysteries With Two
Clowns" in the Lydia Mendelssohn
Theatre.
- THURSDAY, OCT. 6
7:00 and 9:00 p.m. -- Cinema
Guild will present Dovzhenko's
"Earth" in the Architecture Aud.
7:30 p.m.-The Office of Relig-
ious Affairs will present Edward
Crowther, bishop of Kimberley and
Kuruman in South Africa speaking
on "South Africa: The Church and
Apartheid" in the Multipurpose
Room of the UGLI.
8:00 p.m.-The APA Repertory
Theatre Company will present
"Three Mysteries W i t h Two
Clowns" in the Lydia Mendelssohn
Theatre.
FRIDAY, OCT. 7
7 and 9 p.m. - The Cinema
Guild will present Dovzhenko's
"Earth" in the Architecture Aud.
8:00 p.m.-The APA Repertory
Theatre Company will present
"Three Mysteries With Two
Clowns" in the Lydia Mendelssohn
Theatre.
SATURDAY, OCT. 8
7 and 9 p.m. - The Cinema
Guild will present David Lean's
"Great Expectations" in the Ar-
chitecture Aud.
8:00 p.m.--The APA Repertory
Theatre Company will present
"T h r e e Mysteries With Two
Clowns" in the Lydia Mendelssohn
Theatre.
8:30 p.m.-The University Musi-
cal Society Concert will feature
the Chicago Symphony Orchestra
conducted by Jean Martinon in
Hill Aud.

WASHINGTON (0P)) - T w o
spokesmen for the American So-
ciety of Newspaper Editors assert-
ed yesterday that an American
Bar "Association committee report
poses danger to freedom of the
press and an informed public.
Objectionos to the report also
were cited by a leader of the Am-
erican Newspaper Publishers As-
sociation, who called for a contin-
uing dialogue on the problems of
free press and fair trial.
The ABA report calls for restric-
tio .of' information to be made
public in pending criminal cases
in order to avoid possible preju-
dice of jury and public.
Spokesmen
The editors found good aspects
to the ABA report, which came
from the Reardon Committee, they
called it "a monumental effort by
the bench and bar to put their
own house in order" and to insure
fair trial by selection of jury pan-
els free from essential prejudice.
But they also said there were
bad points, amounting to censor-
ship and unconstitutional prac-
tices. They said the report would
restrict public knowledge of crime
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and of criminal suspects, inviting doctrine of the separation of pow-
"bad law enforcement, or what is ers among the executive, legisla-
worse, secret law enforcement." tive, and judicial branches.
They said this would mean an Damage Values
"improperly informed public at "If this effort is allowed to suc-I
times of serious crime" and would ceed, the result will be frightful
open the way to "corruption ofdm to cardinal values in our
law enforcement and the courts." open society; corrosion of free

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October 3-7
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AUDITORIUM
(Corner State & Huron)
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1966
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October 4-5
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-4

sI

Joint Statement
In a joint statement, they madej
their case:
"The Reardon report represents
a serious, if unintentional, assaultI
on freedom of the press, and also
the constitutional guarantee of
free speech, because it seeks to
control the sources of the news,
that is, the attorneys and the law
enforcement officers, in violation
of the First Amendment. Putting
prior restraint on news sources is
equivalent to putting prior res-
traint on the press.
"There in also the Reardon re-
port seeks to have the judiciary,
by promulgating general rules of
court in police jurisdictions to
control information, dictate to po-

speech and free press; usurpation
of the editor's duty and responsi-
bility to tell the public what it
needs to know in times of crimi-
nal violence, which often creates
great stress in the public consci-
ence; Judicial meddling with the
executive; and an open invitationo
to secrecy in law enforcement.
"This last, unfortunately, is al-
ready creeping up on us.
"We predict, sadly, that as the
result of this blanket blessing for
a policy of secrecy from such a
respectable committee, a lot of
policemen across the country are
going to clam up when -they
shouldn't.
"This is the beginning of secret
law enforcement. And this, along

I
.
L
1
r
s
.{
r

EITERNUIyIOUE
PETER GRIFFITH'

lice officers, who represent the - with even a lightly restricted press,
executive branch of government. raises the first stench of a police
This violates the constitutional state."

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TODAY
AT
1:00-3:00
5:10-7:20
9:30
he Stranlest
A Man Eert

presents
THE CHICAGO SYMPHONY ORCHESTRA
JEAN MARTINON, Conductor
in TWO CONCERTS

I

11

9,

G61 Bf lEID
fl. I.D111G

I

OPENING PROGRAM, CHORAL UNION SERIES,
SATURDAY, OCTOBER 8, 8:30 P.M.-
Overture, "Consecration of the
House," Op. 124 . . ..........Beethoven
Symphony No. 4, Op. 29.............Nielsen
Symphony No. 4, "Altitudes".......... ..Martinon
OPENING PROGRAM, EXTRA SERIES,
SUNDAY, OCTOBER 9, 2:30 P.M.-
Five Pieces for Orchestra, Op. 16 .......Schonberg
Sinfonia Concertante for Violin,
Cello and Orchestra, Op. 29,.Rozs?

All cnntc rncnr"ct-l i

I

11 SHIMENINEW

I

IF

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