EleMfritgan Daily
Edited and managed by students at the
University of Michigan
Editorials printed in The Michigan Daily express the individual
opinions of the author. This must be noted in all reprints.
WEDNESDAY, MAY 24, 1972 News Phone: 764-0552
On unanimous juries
THE SUPREME COURT decision this week that unani-
mous jury verdicts are not required for convictions in
state criminal courts jeopardizes rights of defendants. The
ruling challlenges the constitutional guarantees of proof
of guilt beyond a reasonable doubt and trial by a jury of
one's peers.
With this decision, the Court again steps to the right,
reflecting the conservative impact of President Nixon's
four Court appointments.
Under the unanimous 12-member jury system-which
generally benefits the defendant and places the burden of
proof on the state-the defendant is convicted only if
jurors reach a consensus of guilt "beyond a reasonable
doubt." If one person dissents, the case is unresolved,
leaving the state to decide whether the defendant will be
retried or set free.
This procedure ensures that every juror's view is con-
sidered, and allows jurors to propose compromises on the
severity of the conviction to reach a verdict.
In addition, particularly with individuals of minority
races or classes, or individuals who hold unpopular poli-
tical beliefs, jurors representing the race, class or belief
of the defendant can either cause a hung jury or work out
an alternative charge.
THE DISSENTING JUSTICES asserted Monday that the
essence of a trial by jury of the defendant's peers is
undercut when three jurors who may represent the race
or class of the defendant can be ignored.
In moving away from the concept of conviction based
on guilt beyond a reasonable doubt, the Court ruling could
significantly affect the preparation of prosecution cases,
If the prosecution can gain a conviction from a majority,
rather than consensus decision, it may prepare and pre-
sent more flimsy and less thorough cases.
Several state now permit less than unanimous jury
verdicts in felony or misdemeanor trials, and the Court's
ruling is expected to prompt other states to adopt the
less than unanimous jury rule.
Studies conducted by law professors in Oregon and
Louisiana-two states that presently allow less than
unanimous verdicts in felony trials-show that such
systems result in more convictions and fewer deadlocked
juries.
THE COURT'S RULING may help speed trials and in-
crease the number of convictions. It will not, however,
ensure that the judicial process is extended to all citizens
and that verdicts are reached by the most careful, im-
partial and thorough process.
-LINDA DREEBEN
NIGHT EDITOR: PAUL TRAVIS
EDITORIAL PAGE EDITOR: ROSE SUE BERSTEIN
PHOTO TECHNICIAN: DENNY GAINER
AAMI
You are where you eat:
Tales of all night diners
By ROBERT BARKIN
E 7VERYONE WHO enjoys watch-
ing people has a favorite vant-
age spot. Some enjoy the confines
of a city bus with its rapid turn-
over of people; others find train
stations much more enchanting.
But to me there is nothing better
than watching people munching in
"n all-night restaurant.
I've been to a variety of late-
nighters. The most universal char-
acteristic of all these places is of
course, the omipresent grease.
Grease on the grill, on the tables.
on the floor. "When in doubt,"
shouts the cook as he prepares the
meal, "add more grease."'
On my way to Florida I dined
at several truck stops. These us-
ually have top quality food for
reasonable prices. But for a long-
hair, the atmosphere is less than
congenial. One such place in
Georgia was so imposing that I
decided to forego eating rather
than test the local hospitality.
One of my favority all-night res-
taurants was Orville's Coon Den
in the rural town of Lodi, Wis.
This quiet, unassuming restaurant
is the local gathering place for
the area farmers before they go
out to work n the fields. My fath-
er used to take me there as a
tot when he travelled in the vi-
cinity.
Orv's (as we regulars called it)
was rustic by necessity, because
it was out in the sticks. It was
more or less a log cabin with a
couple of burners to cook break-
fast for those eager to start their
day. But there was never a lack
of conversation: most of it com-
plaints about the dry weather or
falling parity. It was a different
world from the normal city life.
It was a touch with the agrarian
life that too few ever encounter.
STILL, ALL IS not lost in our
own community. For those who
have the nocturnal urge there are
several spots, most of them good,
but not great, as far as food
goes.
But there is more to these ouc-
es than the food. The atmsaspheve
is equally important in rosing
diners. And Ann Arbor all-Might
restaurants have plenty of atmos-
phere.
Of course, it's hard to pin down
the atmosphere. One of my favor-
ite places is just a hop across the
street from where I live. And since
it's on a busy street a wide as-
sortment of persons flock ther.
Letters to The Daily should
be mailed to the Editorial Di-
rector or delivered to M ar
Rafferty in the Student Pub-
lications business office in the
Michigan Daily building. Let-
ters should be typed, double-
spaced and normally should
not exceed 250 words. The
Editorial Directors reserve the
right to edit all letters sub-
mitted.
It is hard to generalize about
the kind of people that patronize a
restaurant at 5:30 a.m. This wek
I had a conversation with an Army
Veteran for about three hours in
the shop. Much of it was very
personal. When the sun began to
rise I decided it was time to p6.
I said goodbye to a friend I'd pro-
bably never see again.
THEN, OF COURSE, there are
the regulars. It is they who make
or break a diner. Ann Arbor dur-
ing the summer has a pretty good
assortment, mostly street-peipie
grabing a bite to eat before they
crash.
One of my favorites is the fel-
low who sits down and orders
whatever the person next to him
is eating. Looking to his right he
sees cole slaw, and orders it. To
his left two eggs with toast, which
he promptly ordered. I waited
pear often, they are worth wait-
ing for. Just the other night I was
enjoying the speciality of the
house, Elmer's Homemade Banana
Pudding, when the night's enter:
tainment arrived.
Through the window I spotted'
a stark, nude body walking to and
fro, seemingly without purpose.,
The window became a television,
and I decided to just sit back and,
watch.
Not a car passed, not an apart-
ment was lit. Only those of us
in the restaurant could watch him
enjoy his stroll. After frolicking in
the street for a couple if 'ninutes,
he faded into the night. The re-
views of the critics in the res;aur-
ant were mostly favorable.
Upon reflection I decided the
nude body was one of the beter
acts I'd seen in a long time, I
returned to my puding. When I
looked up, there was a cop ques-
--Daiy-Davia Margolek
compassionately until he left be- tioning three people in front of
fore ordering my cheeseburger. the place. All of a sudden one of
One fellow is so consistent in his the characters walked off the
order that he need not say a screen and into the restaurant.
word. As soon as he enters the He came in - ostensibly to
chef promptly lays a double ham- buy a pack of cigarettes. But
burger with cheese on the grill, while he stood near the counter
There's also the lady of the he droped a baggie filled with
street who sits down next to an dope, and then walked out again.
innocent, only to express divap- The cop, satisfied with his inquir-
pointment when he finishes his ies, walked away. The fellow then
meal and leaves without ?ier. In- came back into the restaurant,
mediately the chef, know'ng his picked up his lid, smiled at us, and
duty, calls a taxi for her, after walked away.
which he ofers words of consola-
tion, "better luck next time " CONTENT WITH the night's en-
But greasy-spoons would not be tertainment, I gace a favorable
what they are if they did not have nod to the proprietor. Then I picked
special guest apeparances. myself up and shuffled across the
ALTHOUGH they may not ip-
street to bed, stopping only to take
a quick glance at the rising sun.
Letters to The Daily
To The Daily:
Re Fred Wolgel's letter (Daily,
May I9) concerning the Respon-
sible Alternative Party (RAP) and
PIRGIM. RAP ran a slate of three
candidates for the PIRGIM Board
of Directors in the March elec-
tion, and managed to capture two
seats on the State Board of Direct-
ors. You wouldn't be able to tell
that from attending a PIRGIM
meeting, however.
Bill Krebaum elicited a short-
lived interest in the organization,
attending three meetings and then
resigning because he supposedly
had too many other commitments
'though, it is believed he didn't
pay his $1.50 fall term PIRGIM
membership fee and was hence in-
eligible for membership on t h e
board!) during the summer and
fall. John Yates, the other suc-
cesful RAP candidate, has yet to
attend a PIRGIM meeting despite
their being held at nearly a n y
convenient time and place; he
stands to lose his Board member-
ship according to the By-Laws
May 31st.
Not a very worthy effort, judg-
ing by the record. All in all. RAP's
attempt to work within PIRGIM
to further their ends has not been
obviated by other PIRGIM mem-
bers, as the membership has been
more than willing to listen to all
viewpoints in looking for project
ideas, completing necessary office
work, etc., but entirely through
RAP members non-interest and
non-involvement in past and pre-
sent PIRGIM activities.
-William Myers
PIRGIM Board of
Directors
May 21
A suggestion
To The Daily:
I WOULD LIKE to propose some
action that might help to end the
Vietnam war. The objective is to
convince Congress and the Adrmin-
istration that we should 'vthdraw
immediately subject only to the
safe return of the prisoners of
war.
I'd like to see The Daily take
the lead in generating a aigartic
letter writing campaign all over the
country starting first with college
students, then students' parents,
and perhaps then with the com-
munity at large. A deluge of let-
ters to Congress and the Admin-
istration might have the desired
effect in an election year.
-Prof. Ralph E. Hiatt
Department of Electrical
and Computer Engineer-
ing
April 20
The Editorial Page of The
Michigan Daily is open to any.
one who wishes to submit
articles. Generally speaking, all
articles should be less than
1,000 words.
"Ah hear you're gonna raise cattle .. e
Well, you can start with that
bull about quittin' politics!"