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Summer Session Kansan Friday, June 17, 1966
Holding of court may cause a stir
WASHINGTON — (UPI)— The Fifth Amendment's guarantee that a man need not convict himself out of his own mouth now must be accorded the criminal suspect under police questioning.
That is the burden of this week's precedent-setting 5-4 Supreme Court decision establishing a new constitutional code of rules for confessions.
Chief Justice Earl Warren put the ultimate issue in even broader terms when he asked: What are the "restraints society must observe consistent with the federal Constitution in prosecuting individuals for crimes?"
THE 61-PAGE OPINION—sure to bring an outpouring of criticism of the court—was an extensive followup to the controversial 1964 Escobedo decision. In this ruling a young Chicagoan was found to have been unconstitutionally convicted when he was not permitted by police to see his attorney when the attorney was at the station house.
The decision drew strong dissents from Justices Tom C. Clark, John Marshall Harlan, Byron R. White and Potter Stewart.
Harlan said it was "poor constitutional law" which would result in "harmful consequences for the country at large." White asserted it would have "a corrosive effect on the criminal law as an effective device to prevent crime."
BUT THE RULING took account of the need to control crime as well as to protect the individual.
"To maintain a 'fair state-individual balance,'" it said, "... to respect the inviolability of the
human personality, our accusatory system of criminal justice demands that the government seeking to punish an individual produce the evidence against him by its own independent labors, rather than by the cruel, simple expedient of compelling it from his own mouth."
ON THIS PREMISE, Warren said when police have deprived a person "of his freedom of action in any significant way" they must:
- Warn him before any questioning that he has a right to remain silent, that any statement he makes may be used against him, and that he has a right to have an attorney present.
- Tell a penniless suspect that a lawyer will be appointed to represent him if he wishes.
- Stop questioning the person at any time he wants to stop talking.
- The suspect may say he does not want to take advantage of his rights, but it's up to the government to show he made this choice voluntarily.
THE WARREN opinion continually emphasized the advantage to police of isolating a suspect from family and friends so that no one can tell for sure what went on, either then or later. Manuals of current police practice indicate that the police then persuade, trick or cajole him out of exercising his constitutional rights.
While the police "third degree" is now more psychological than physical, it is "equally destructive of human dignity," the opinion said.
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Fathers of the world rebel!
WASHINGTON —(UPI)— The great Father's Day rebellion of 1966 as it may some day be called, is at the moment hardly more than a faint stirring of middle-age unrest.
But by Sunday, I predict, it will have mushroomed into a sweeping national movement. After that, there will be no stopping us.
Historians probably will identify Sen. Russell B. Long, D-La., as the catalyst who fanned the flames of revolt. For it was he who uttered the ringing cry: "Why is it necessary to have a national Father's Day?"
Other senators were temporarily stunned by the audacious remark, which smacked somewhat of heresy.
THAT SAME QUESTION must have occurred to at least 10 million other people, but none before had dared ask it. Long was like the little child who asked, "Why is the King wearing no clothes?"
Sen. Jennings Randolph, D-W. Va.), sponsor of the resolution to designate the third Sunday in June as Father's Day, was so taken aback he answered the query with another query.
"Why is it necessary to pass many of the bills that we pass in the Senate?" sputtered Randolph.
Some of the fathers with whom I have discussed the matter are plotting a campaign of defiance, up to and including the acts of civil disobedience.
THAT ALSO IS a good question. Why, for instance, was it necessary for the Senate to pass in June a resolution designating May as "Steelclamp Month?"
rallying point for those of us who are determined to resist.
Long's iconoclastic outburst came too late to prevent the Senate from plunging headlong into Father's Day, but it serves as a
"We could refuse to pay for the gifts our kids charge to us," one father said.
"We could organize American Fathers United for the Abolition of Father's Day (UFUAFD)," another suggested.
"We could paint some 'stamp out Father's Day' placards and picket the White House," a third cried.
It is high time that the middle-aged masses emerged from their defensive shell and did a little rebelling of their own. Don't take Father's Day lying down!"
Introducing the 2 family car.
The population explosion hasn't caught us sleeping.
We made the Volkswagen Station Wagon big enough to hold about twice as much as a regular station wagon.
So why not two families?
There'd be seats enough (9). And luggage space enough (13 pieces). And enough windows to go around (21).
Also, you'd be able to split fuel bills. (It
averages 23 mpg to begin with).
And you could park our 2 Family Wagon in $4^{\prime}$ less space than a 1 family wagon.
The problem, naturally, is to find another family with the same tastes in drive-in restaurants and movies, and such.
However,maybe you already have enough people and belongings around your house to fill two wagons.
Then all your problems are solved.
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