Plea Bargaining Assures Humanity, Berkowitz Says
By JACK McNEELY
Kansan Staff Reporter
Most of the cases resulting from the recent drug raid in Lawrence eventually will involve plea bargaining, according to Dave Berkowitz. Douglas County attorney.
Plea bargaining, a process in which a defendant trades his right to trial for a reduced charge, is ethical and shouldn't be abolished, according to Berkowitz and three others.
Berkowitz said last week that plea bargaining put 'humidity, justice and law' into the question.
Berkowitz said very different actions often resulted in the same charge, and plea bargaining allowed the court to adapt general laws to specific cases.
"There's a tendency to think that plea bargain is unfair to the defendant," Mike Elwell, Douglas County probate judge, said. "If you go to court as a prosecutor is the key to the functioning of
plea bargaining. A good prosecutor can't concede everything and reduce all types of crimes
The National Advisory Commission on Criminal Justice Standards and Goals has recommended that plea bargaining be implemented in the criminal justice system within five years.
The commission's report said plea bargaining was based on the understanding that if a defendant was tried and found guilty, there would be no longer sentence than if he pleaded guilty first.
However, the commission said plea bargaining was dangerous to the defendant, because an innocent defendant with a bad case might plead guilty to get the best deal, and to society, because plea bargaining is not reduced by the deterent impact of the law.
"It is difficult to believe that as the criminal justice system now exists plus the law enforcement system, we can do it."
said Paul Wilson, professor of criminal law. "As long as a defendant has the right to plead guilty and a prosecutor has the right to seek any charges, charges, we will have clear bargaining."
"There may be a better way to conduct it than the prosecutor and the defense attorney getting together over coffee. There has to be some kind of meeting and discussion of compromises. Whether it should be conducted in a more judicial manner is an important issue."
Berkowitz said plen bargaining was used "quite extensively" in cases prosecuted by
"I did it'use it I would have to have four times the amount of stuff I now have."2
The commission's report said there were no statistics available about how extensively plea bargaining was used, but more than 90 per cent of the criminal
The commission said that since 1965, when a firm policy against wholesale disposition of cases through plea bargaining, was established in Philadelphia, only 32 per cent of the convicts there were obtained through guilty pleas.
conversions in some major American cities were obtained on guilty pleas.
22 convictions in Douglas County District Court since Dec. 7, 21 were based on guilty pleas. Court records show that nine individuals have been later pleaded guilty to reduced charges.
James Padlock, Douglas County district court judge, said that when a lawyer thought the evidence against his client was strong enough to warrant a conviction, it was the lawyer's duty to tell his client and to demand that charge be reduced in return for a guilty plea.
"The public interest is best served and even-landed justice best dispensed not by a
mechanical application of the letter of the law but by a flexible and individualized application of its norms through the exercise of the trained discretion of the prosecutor as an administrator of justice;" Paddock said.
However, the commission report said, "To the extent that greater flexibility is desired, it should be made available as a matter of formal law, either by changes in statutory provisions or by a modification of dispositional alternatives available to sentencing courts."
Wilson said he agreed with the American Bar Association's plea bargaining standards, which give the prosecutors the responsibility to engage in plea bargaining whenever they think it is necessary and in the interest of justice.
"It relates to the integrity of the prosecutor." Wilson said.
The commission plea bargaining tended
to make prosecutors file excessive charges against defendants.
Elwell said there often was a tendency to "overcharge" because the initial charge might have been filed by an angry victim of a violent crime. Such charges are often reduced. Elwell said, because of a lack of evidence to sustain the initial charge.
If prosecutors expect to get convictions for assault and battery, Wilson said, they often charge the defendant with aggravated assault or battery. The judge also the lesser charge of assault and battery.
"We may charge defendants with more than we want," Berkowitz said, "but never to make them pay."
The commission report said plea bargaining tended to favor repeat offenders, who knew they could trade their right to trial for reduced charges.
Berkwitz disagreed. He said all criminal lawyers knew of pleas bargaining and ad-hoc charges.
Forecast: Fair with rising temperatures High in the mid 20s, low in the 20s.
The University of Kansas—Lawrence, Kansas
84th Year, No. 97
Monday, February 25, 1974
Aging Becomes Loneliness and Boredom For Many
Flint Hall Has Had AVaried Past
See Story Back Page
'Quartering of Elderly' Resented
By STEVEN LEWIS
Kansas Staff Reporter
Kate Wagon Smith suffered a stroke in her lawrence home one year ago, Mark, 75.
a dilemma society today is what to do with people whose minds are energetic but whose bodies are infirm. That is the dilemma of the senior citizen. The solution that society seems to have found is to better them together and then ignore them.
Related Story Page 2
A 1927 graduate of the University with a degree in sociology, Smith taught graduate courses.
has been confined to the Cherry Manor rest
home at 103. Wist 15T, st. ever.
Long ago divorced from her husband, Smith, a full-blooded Delaware Indian, has only her sister remaining. But her sister, she said recently, has no place for a triumph.
Her stroke last year left her unable to walk and paralyzed her right arm. She was told after regaining consciousness that she would be placed in a rest home. Smith said no, but there wasn't any other place for her to go.
"I don't like it here," she said, "but I accept it."
Smith has relearned to walk; however, her prognosis is for reoccurring strokes. She had another stroke shortly after Christmas and was hospitalized 10 days.
1' probably pay as much taxes as president Nixon, she said. "But I don't want to pay."
She received a pension of $7,500 a year,
she said. Out of that she comes $7,600 for
board and at the rest home. She must pay
taxes and 20 per cent of her medical bills.
"I broke last year, but then I didn't have to buy any clothes."
Smith's greatest need, she said, is someone to communicate with. She said she wanted to move to a home where the people talked about things other than farms.
"We left New York in April and got back to San Francisco in July," she said. "But it wasn't exerting. Those countries were more poverty-striken than ours."
A bright aspect of Cherry Man, Smith said, is the quality of its employees, mostly women.
"When they find that I have traveled a lot, they pay attention to me."
Smith said that among her many travels was a 1965 triam around the world.
In the meantime, Smith does quite a bit of reading one of the few at the home who
On her meager income, however, she didn't know how or where she could move.
"I want to go where people are on more an intellectual level," she said.
See SENIOR CITIZENS Page 2
Editor Identifies Captors
ATLANTA (AP)—The two accused abductors of Atlanta Constitution Editor Reg Murphy were being held here in maximum security yesterday.
Asts. U. S. Atty William Gaffney said, "At this point I know of no reason to conclude that there were more than two people involved."
Murphy, who positively identified from photographs that William A. H. Williams his capter, said that during his captivity the nurse was also another man and a woman were also involved.
The group purported to represent the hitherto unknown "American Revolutionary Army," whose existence is now being questioned.
The 40-year-old editor said Saturday he was sure there were two persons, a man and woman, but wasn't sure whether more were in there or were blindfolded during the 49-hour ordale.
Murphy was led from his home Wednesday night by a man who claimed to have 300,000 gallons of fuel oil to donate to needy causes. He said he wanted Murphy to help
After they drove away, the man pulled a gun and ordered Murphy to tape his eyes.
Williams, 33, and his wife, Betty Ruth, 26, were being held on charges of extorting money from a firm involved in interstate commerce and failure to report a crime.
Murphy was ransomed for $700,000 Friday after being held more than two days. He positively identified Williams as his Saturday from films and photographs.
The FBI said yesterday it still hadn't iniished counting the "voluminous amount of U.S. currency" found in the Williams' one story home near Atlanta.
Mrs. Williams is charged with failure to report the crime. Gaffney said she could receive a $500 fine and three years imprisonment. She is being held under bond of $500,000.
Williams was charged with violating the Hobbs Act, which carries a maximum penalty of $10,000 and 20 years in prison. He is under bond of $1 million.
The FBI refused to confirm or deny that williams kept a diary, but CRS reported it to the police.
Simon Favors Ration Plan If Long Gas Lines Persist
WASHINGTON (AP) - Federal energy chief William E. Simon said yesterday that if motorists were lined up on a widespread basis for two to three hours outside service stations to buy gasoline, "it would become necessary for me to recommend ranting."
But Simon stressed in a broadcast interview that he believes the three-week-old gasoline-allocation pgram will end the "suffering and hardship and inconvenience." He repeated his opposition to coupon rationing.
Problems of intrastate distribution of gasoline have made long lines and closed stations a driving problem mainly of urban centers, he said on NBC's "The Meet the Press"
Simon acknowledged that the allocation program has inequalities which will require
By JILL WILLIS
Kansan Staff Reporter
The two-cent boost superseded a one-cent increase announced Feb. 16 for stations with less than 85 per cent allocation of 1972 supplies.
KU Computer Reliability in Danger
The increase applies to all stations not directly owned by the major oil companies and is in addition to the monthly cost pass-throughs stations already are allowed. The pass-throughs so far have averaged two or three cents a gallon, officials said.
On Saturday, Simon announced that 90 per cent of the nation's stations may raise prices this Friday by an extra two cents a gallon.
"We are stretching this system as much as we possibly can, but we are reaching the limits."
Siron said yesterday that the broader two-cent increase was thought to be "easier to administer and have less impact on the consumer" than variable rate increases.
He called the boost "a modest increase"
appressed to the "unmanageable" one
overall.
Severe financial problems and obsolete equipment are threatening the reliability of the University of Kansas computer center, the University vector of the computer center, said Saturday.
"An old tv set may give you a good picture, however it is subject to breakdowns," he said.
The main computer, a Honeywell 633, was bought by the University in 1966. Wolfe compared the use of this computer to the use of an old television set.
The most realistic goal with this equipment said, is to try to reduce the daily interruptions.
Wolfe said the problem with the computer was compounded because more people were using it every year, putting more pressure on the ability of what is normally called through-put improvements. Wolfe defined through-put improvements as the length of time it took to get a program through the computer.
besides the burden of an outmoded
system, the computer center is overcrowded and understaffed.
Because of the numerous budget cuts, Wolfe said, he had been forced to cut back on personnel in the department. There are 42 students working part time and 30 to 39 students working part time.
Woife said the cut-backs were due to a loss of federal funding from the National Science Foundation, several reductions in the University allocation, and inflation.
"During the last three years there have been increasing costs for computer supplies and training."
same supplies budget, we have to find a variety of ways to cover the costs. We have
Wolfe said he had been making budget adjustments for the last three years.
Fount Smothers Jr., associate professor of architecture and urban development, said problems with the computer center stemmed from lack of money. Because they had to pay for the machines he had to cut down on staff, and the machinery has become somewhat outdated.
"There's not a good cure for that unless
See COMPUTER CENTER Page 2
A chairman of the Federal Trade Commission said antitrust action against the food industry seemed likely as the result of a bread investigation now underway.
Chairman Lewis A. Engman said in an interview he also expected further commission action in the energy field. The FTC already has issued a complaint that the eight major petroleum companies are engaged in anticompetitive practices.
Action Against Food Industry Is Predicted
Sadat Sees Success in Kissinger Mission
Egyptian President Anwar Sadat predicted yesterday that Secretary of State Henry A. Kissinger will probably succeed in achieving a disengagement of Israeli and Syrian forces during his upcoming Middle East mission.
But the Kuwait newspaper Al-Rai Al-raai reported from Lahore, Pakistan that Syrian President Hafez Adaas said he was not optimistic about prospects of reaching a military disengagement accord with Israel. It all seemed to be a challenge to obtain complete Israeli withdrawal" from occupied Arab territories.
States Cut Back on Highway Construction
State governments are cutting back on new highway construction and delaying repairs on older roads because of a decline in gasoline tax
The Advisory Commission on Intergovernmental Relations reported recently that gasoline tax collections this year would be 17 per cent below those in 1972—the year being used as a base for figuring fuel allocations to
The reason for the revenue drop is simple: less gasoline is being sold. Jan Landberg of the Lundberg Survey Inc. of Los Angeles, which keeps track of nation-wide gasoline sales, said four billion gallons less gas was sold in 1973 than in 1923—a drop of four per cent.
Islamic Nations Unite Against High Prices
The leaders of 37 Moslem states and the Palestinian Liberation Organization ended a three-day summit conference with a "Declaration of Labore" which pledged to make a cooperative effort to eliminate poverty, disease and ignorance from Islamic nations.
Leaders of the Islamic world agreed last night in Laheb, Pakistan to a pain to help develop nations overcome economic problems in Africa.
Congressmen, Officials May Get Pay Raise
The Senate may vote this week on the issue The House is expected to duck, whether to block a pay raise for Congress members and other top govern-
A three-step increase in congressional salaries, at a rate of 7.5 per cent a year, will take effect March 6 unless either the Senate or the House disap-
It would give Senate and House members their first pay increase in five years, from the present $42,500 to a year $7,600 this year, $49,100 next year.
By CAROL GWINN Kanaan Staff Reporter
Lesbian Feminist Sees Mother-Daughter Split
"Couldn't you have found a smaller place?" she asked as she walked into the room dressed in blue jeans and a denim jacket. "It's so stuffy."
The audience, mostly women, packed the Forum Room in the Kansas Union Thursday night and overflowed into the hallway as they waited to hear Jill Johnston, lesbian feminist and writer for the Village Voice newspaper, speak.
"I did write this last October," Johnson said, pushing her hair back from her face.
"I want to know what you want from me," Johnston said, offering the audience a choice between asking questions and listenin' Johnston read articles she had published.
No one said anything, so she began reading two articles, one she had published last October in the Village Voice and another entitled "Only the Raccoon Lady Knows."
She read in a near monotone, running the words together, eventually using phrases
nistory is not what you thought," she read. "It's what you remember. When everyone is responsible, nobody is. We are all assassins."
instead of sentences and alluding often to other works.
"I have a strong aversion to scaring people," she finally said. "I just wrote that for fun. It's when you write things for fun and they print it."
She finished reading and no one said anything for a few minutes.
Finally someone asked her, "the lebanian
finally tied in with class politics in a Marxist
park."
"I don't know," she answered, and the audience laughed.
Johnston said that she thought women were divided into "mothers" and "daughters" and that there was a schism in the mother caused by the mother-daughter split.
"Mothers' are sometimes called the straight feminists," Johnston said.
She said that "mothers" spend their lives playing their ambitions through the child's eyes.
See JOHNSTON Back Page