Alie MG hee
Page 16-Friday, April13, 1979-The Michigan Daily
MSA election problems continue
intisiokU r nm UP n " '6 -I Q U.LIrUK WI nA M :UU Wo
ril 0-may6 HUR
aprilmy6 Tues-Fri, 9-5
reception:april13 Saturday, 12-5
7-9:30pm 764 - 3234
FIRST FLOOR MICHIGAN UNION
(Contuea from rage )
The resignation letter also stated,
"Chief Justice Pesinger failed in his
responsibility to attempt to notify us of
the alleged hearing of 11 April, thereby
limiting the diversity of opinion present
at the hearing and possibly altering the
conclusion that was reached."
PERSINGER and Justice Bill
Smelko, the two justices present at
Wednesday night's hearing, decided
that loopholes pertaining to the
definition of a day, and the degree to
which CSJ is bound to follow its rules,
allowed the judiciary not to hold a
second hearing for certification.
However, the decision on cer-
tification is requiredtobe written, but
was only presented verbally.
During the Wednesday night hearing,
Persinger and Smelko questioned the
need for a second hearing if the results
would be the same.
THEY ALSO contended that the day
could be defined as a 24-hour period.
However, Barr, Potter, Drew, Gardner
and others say the compiled code
defines a day as a calendar day.
"i don't tnink wnat we dia was
wrong," Persinger said. He said it
would be inappropriate for him to make
other comments on the matter.
Potter said, "The note was just to let
people know we don't think what CSJ
did is right. We should not let it hap-
Both Potter and Barr and others in-
volved alluded that there were ad-
ministrative channels they could go
through which might allow the Assem-
bly members elected last week to be
A Folk Concert With Gemini
Folk music from around the world performed by the Slomovitz
brothers, including their own compositions.
Burger, 'U' prof. at
Friday, April 13
Saturday, April 14 332 S. State stre
8:00 pm Second Floor
$3 General admission beginning at 7:30 pm
odds on leg
by TIMOTHY YAGLE
Supreme Court Chief Justice Warren 1
Burger and several other members of
the legal profession have urged aban-
donment of the so-called "exclusionary
rule" which prohibits "the government
from using illegally obtained evidence
in criminal trials.
Among other claims, critics of the
rule say the measure has handcuffed
police in dealing with the increasing in-
cidence of street crime, including
assault and robberies with deadly
weapons, and makes gun control
regulations almost impossible to enfor-
BUT UNIVERSITY Law Prof. Yale
Kamisar, a staunch defender of the ex-
clusionary rule, says the measure
should be maintained as a means of
preventing the government from
profiting from its own misconduct."
Kamisar also claims that the alleged
connection between the rule and higher
crime rates is not substantiated by
statistics in several states showing
crime levels before and after ex-
clusionary rules are put into effect.
"It's the only minor escape route in a
laif price on Beer
'5 Ffrgrrs f:
system that filters out more offenders
through police, prosecutorial and
judicial direction than it tries, convicts
and sentences," Kamisar says.
Adopted by the federal courts in 1914,
the rule was imposed on the states as a
result of a 1961 Supreme Court case.
Mapp vs. Ohio barred the use of
criminal prosecutions of evidence
gained in violation of the Fourth Amen-
dment protection against unreasonable
search and seizure.
ONE OF .Kamisar's leading adver-
saries, Judge Malcolm Wilkey.of the
U.S. Court of Appeals for the District of
Columbia circuit and a former U.S. at-
torney and former assistant U.S. Attor-
ney General, claims "We can see the
huge social cost of the rule most clearly
in the distressing rate of street crimes
- assaults and robberies, narcotics'
trafficking, gambling and
Kamisar claims that Wilkey "has no
statistical support that there is a causal
link between the high crime rate in
America and the exclusionary rule."
In the 1950's, crime rose faster in the
states allowing illegally seized eviden-.
ce than in the District of Columbia
where law enforcement officers were
subject to the exclusionary rule.
ALTHOUGH Michigan had an "anti-
exclusionary rule" provision in its state
constitution from 1961-1970 which per-
mitted its police to search for and seize
firearms of all types without probable
cause, the number of unregistered han-
dguns increased dramatically.,
"Firearms robberies doubled and
homicides committed with firearms in-
creased fourfold," Kamisar said.
Michigan's anti-exclusionary rule was
struck down in 1970 as a violation of the
Comparing statistics in other coun-
tries, Wilkey says that in England,
neither the police nor criminals carry
guns because criminals know that
police have a right to search them un-
der the slightest suspicion.
"Conviction is virtually automatic -
there is no denying
possession ... there is no exclusion of
the evidence, no matter how obtained,"
Wilkey added that the exclusionary
rule should be replaced with
"disciplinary punishment and civil
penalties directly against the erring of-
stay in shape.
Running through the
jogging trend in AZ
Mark Lazare pounds through winter ice and snowto
leer and Lip
5: 1 pm-2 am, Fri. 11:30
Sat. 11 am- 2am
7-10 p.m. '
August '79 applicants, 4-year fully
recognized and established Mexican
Medical School, with several hundred
American students enrolled. Use
English language textbooks and
exams in English. School combines
quality education, small classes, ex-
perienced teachers, modern facilities.
120 East 41 St., N.Y.C. 10017
By LAUREN TAUCB
As spring slowly unfolds, wracked
by snow storms one day and sunshine
the next, more and more Ann Arbor
joggers are taking to the streets during,
"Jogging has definitely passed the
fad stage," claimed Bud VanDeWege,
an employee at Moe's Sport Shops. He
added that "within the past two years,
sales have noticeably increased."
THROUGH THE Diag, along South
University Avenue, on the tracks,;at the
University's intramural recreation
buildings, men and women run, clad
either in coordinating Adidas togs with
matching track shoes, or in thermal
underwear, torn sweatshirts, and
baggy gym shorts.
"With the new health awareness our
society, it has become very important
for people to feel good," said Rochelle
Bast, assistant director at the Central
Campus Recreation Building (CCRB).
University cross-country coach Ron
Warhurst agreed, adding that there has
been an increase in the number of
joggers over the past four years. He
cited "the tremendous fitness" to which
running can lead as a factor influencing
the sport's popularity.
AS IF TO PROVE the sport's
popularity, the one-seventh mile indoor
track at the Track and Tennis Building
is crowded with runners between 7:00°
p.m. and 7:30 p.m. each night. Indoor
tracks at CCRB and the North Campus
Recreation Building (NCRB) area also
Many joggers, however, prefer to run
outside. "I run outside because it's toi'
crowded at the indoor tracks," said.
David Hartman, an Inteflex student
Hartman keeps in shape, and he:
claimed, keeps his "sanity" by running
three to five miles a day.
Lori Millman and Dawn Amdursky'
both jogged daily at CCRB during the;
winter. Although they agreed that the'
CCRB track was crowded, they said it
was just too cold to jog outside comfor
"THE TRACKS are so crowded that
people are pushing into each other,"
said Wanda Wise. She added that she
planned the run outside during warm
Jogging is relatively inexpensive,
and experts have noted the body
building aspects of the sports. Even
books about jogging are popular
although Border's Book Shop em-
ployee Alex Scherr reported that the
sales for those books dropped after
Christmas,and as winter set in. But as
spring begins, it appears that the
jogging trend is unlikely to fade away.
!,. W 1 1 1 W 11 -& 4 1.
KOTOL Dvorak: Cello Concerto -
WATER MUSIC & ROYAL FIREWORKS Cello Concerto No.1
MUSIC- SUITES ROSTROPOVICH
New Koto Ensemble of Tokyo London Philharmonic Orchestra
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Sale Price 4.95 per disc
Mussorgsky-Ravel SIBELIUS ALL CLASSICAL
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a The Philadelphia Orchestra
SORMANDY OUR REGULAR
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THE ART OF THE TELEMANN:
NETHERLANDS Six Sonatas for
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n. Bass Tacks*.
fom showing off
the urge to
We've hit on the me
shoes of the seasor
A bouncy new bott
the most colorful cc
Step into a pair of7
you'll have to resist
skip. They're made
Get them before th
x . i !