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!"