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Tuesday, November 16. 1976
University Daily Kansan
Comment
Opinions on this page reflect the view of only the writer.
Jury update needed
In 12th-century England, Henry II ordered the citizens of the land to periodically assemble in their home communities to tell the crown all they knew of any crimes committed in their vicinity. As the population grew, it became unlikely that citizens would have personal knowledge of many crimes, and the order became unworkable.
HOWEVER, that 12th-century proclamation gradually evolved into a legal institution that is very much alive today, even though its critics sometimes oppose it in the medieval system of justice in many ways. That institution is the grand jury.
To some it's an anomaly in our legal system which should be either totally done away with or drastically reformed. To others, it's an integral and effective part of the judicial system which should be strengthened.
There's no question that grand juries have imposing powers that other law enforcement agencies lack and that there is great potential for the abuse of those powers. Although the juries are convened only to determine whether there is probable cause to bring a person or case to court and not to hold a court or approve the right powers of grand juries can be used in subtle ways to inhibit and abuse the rights of individual citizens and whole societies.
GRAND JURIES usually operate in total secrecy and have unlimited subpoena powers. Witnesses called before them cannot be accompanied by legal counsel, and only the prosecution's side of the case can be presented. Witnesses can invoke the Fifth Amendment, but a judge can decide that, in this case, the claim has no merit and force the witness to testify. If the witness doesn't, he can be charged with contempt and jailed for as long as the grand jury is convened. If another grand jury pursues the same case and calls the same witness, the witness can again be jailed for contempt.
Holding these and other powers, grand juries have uncovered government corruption, exposed organized crime and brought many criminals to trial who couldn't have been prosecuted. He was a grand jury, for example, that was responsible to a great degree for ousting Richard Nixon from the presidency.
However, there have also been many instances when grand juries worked on cases.
During the '60s protest era, for instance, many federal prosecutors used the power of the grand jury to gather evidence of the crimes of President Johnson and Nixon.
PERSONS EVEN remotely connected to protest groups or activities were often hauled before federal grand juries and subjected to intensive abusive questioning. Witnesses who weren't even suspected of crimes were asked to give details of as much as a year of their lives, telling the juries who their friends were, what meetings they attended and so on.
Some grand juries, at the prodding of zealous federal prosecutors, were responsible for bringing to trial such defendants as the Daniel Berrigan case.
Clearly, these grand juries inhibited constitutionally protected freedoms of expression by using intimidation. This also led to the clear abuse of the grand juries' powers.
Thomas Jefferson feared in 1791 that grand juries would be transformed from
In the '60s his fears proved correct. The danger is heightened by the fact that grand jury proceedings are secret that largely unnoticed by the general public.
DENIED their potential for political abuse, grand juries also pose a threat to citizens who come before them on the local level. Local prosecutors can abuse their powers as readily as federal prosecutors or officers should be remembered that less than 3 per cent of all grand jury disagree with the prosecutor in cases presented before them.
Several bills before committee in Congress indicate a move toward correcting the grand jury system's flaws without making it powerless. Among the long-needed reforms proposed are the establishment of the witness's right to legal counsel in the grand jury room; requirement that witnesses be told whether they are targets of the investigation; abolition of the testimony requirement; and a limitation for jail sentence lengths for contempt; and mandatory presentation of grand jury transcripts to witnesses and counsel.
These reforms would make grand juries less susceptible to abuse and more just, and a centuries-old institution would be brought up to date.
By John Fuller
Contributing Writer
Department, not profs, profits
To the Editor:
The Nov. 9, Kansan article by Stefra Frazier concerning textbook royalties makes reference to a physics manual. To many, any possible misapprehensions, we offer the following information, which Mr. Frrazier could have obtained from any one of the five universities (or two) student no longer at KU.)
The manuals are printed by the University Printing Service and sold only at the Union Bookstore. Any proceeds above the costs of production and the fees of the university physics department. This helps to pay for supplies used in the instructional laboratory
None of the authors has received any personal payment from this manual. Furthermore, the student saves
I was gladdened to see the evangelists on campus Wed-
day. They were all believers in the same Lord Jesus
they proclaimed as Prince of
program and to prepare free handouts and revised experiments. (There are no lab in ees (in physics lab courses.)
Plains Baptist Church and his power will continue to be limited to only one vote.
The fact that Jimmy Carter is a member of the Plains can in no way support the ideas suggested by Carter has a personal aversion
Readers Respond
Congress self-serving
The press and the American people continue to ignore the country's greatest problem—the U.S. Congress. Time and Newsweek put Jimmy Carter on their covers last week and ran large stories on what Carter hopes to do as President
CARTER MIGHT be able to change the structure of the executive branch a bit, and the lack of vetos will let Congress pour more billions into the same social programs that it has already built on bureaucracies for decades. But real change won't happen.
What no one seems to be willing to say is that what Carter
doesn't make much difference if Congress stays in the
federal budget.
Congress, and especially the House of Representatives, is rotten to the core. Senators and representatives don't act in the public interests. They act so their special interests will bear and so they will be reelected.
In a previous column I noted that powerful committee chairmen are still selected essentially by seniority. This puts the oldest, safest, least flexible men in places of great power.
I HAVE also noted that almost all significant bills are delayed or lost completely by political bickering among chairmen about whose committee is to handle an issue. The failure to select a selection of chairmen and the jurisdiction of committees.
To put it mildly, it is discouraging to see the voters mindlessly reig big Democratic majorities to Congress, almost assuring that reform won't come. It is a great paradox that the American public consistently rates Congress at the bottom of all institutions in polls, but just as consistently reelected the same bunglings.
Unfortunately, the same men who are bunglers when it comes to serving the nation are often quite good at the game of election. Jackson, D-Wash., who had the largest percentage of the vote of any sitter up for reelection, is a prime example.
The amendment was designed to pressure the soviets to allow more Jews to leave the Soviet Union. In the year following the amendment the number of emigrating Jews fell from 33,500 to 12,000.
ASIDE FROM rattling an occasional saber and getting defense contracts for his state, Sen. Jackson hasn't done much. His big triumph was showing through an amendment to a trade bill in December 1974.
Sen. Jackson had blown it big, but the Jewish voters embraced him just the same. Scoop is great at getting the headlines, as are many politicians, but his results are quite
AN EXAMPLE of dozens of miniature Scoop Jacksons working together can be found in the House's treatment of the energy problem. After the Arab oil embargo, Republicans proposed letting the price of domestic oil and gas rise so oil companies would have more incentives to find energy supplies.
money because the $2 price at the bookstore is less than the $6 charged for a commercially designed textbook that is desirable for the University to adopt some uniform policy on royalties derived from faculty textbooks to merit full public confidence in its operations.
The Democrats opposed that, saying it would raise prices. Almost a year later they finally came up with a plan. The Democrats decided to have a high gasoline tax to disproportionate the compulsion. A great way to keep energy prices down, right?
Congressmen are now able to change their speeches in Congress before they are printed in the Congressional Record. Also, Congressmen can change their votes without their original votes being recorded. That is, if a vote will be approved by a majority of the members with his party and, then, if his vote isn't needed for the motion, he can change it to please his constituents.
That plan wasn't passed, however, because some Democrats in Congress didn't like it. They were afraid to face the voters after raising prices. But eventually the original idea can be used to let domestic energy price rise was approved.
THE DEMOCRATS had delayed this step 30 months. Moreover, the Democrats' decontrol bill didn't let the prices rise until now—after the election. This showed they would have a real discussion about lessening our dependence on Arab oil.
THE PEOPLE should demand that Congressmen's remarks be printed as they were spoken and that all votes and vote changes be recorded. Without these changes it will remain difficult to really assess someone's record.
What is to be done? The press must keep a very good eye on Congress. Carter must demand legislative reform, and the press and the people must back his demands. The senators who have opposed the "decentless" jurdisitions must be changed to avoid overlapping.
All branches of government are important, but Congress is the most powerful in peacetime. It has received too little attention from the press and the media. It is time demand be raised. And it should force the nation's vital problems go unattended any longer.
By Greg Hack Contributing Writer
Glen McGonigle
Lab supervisor, Physics and Astronomy
Robert J. Friauf
Professor of Physics and Astronomy
Richard Sapp
Professor of Physics and Astronomy
Mideast analysis To the Editor:
After more than 18 months of bloody civil war, after more than 20 failed attacks after more than 50 failed agreements, it seems as if everybody has forgotten the most problem: the Palestinians.
The Riyadh Arab Summit at the end of October agreed to a new 30,000 man (20,000 of them are foreigners) peace-keeping force to control the "peace" achieved in Lebanon, and to enforce a 1969 Cairo accord that constricts Islamic movements within Lebanon.
Now that the formerly most civilized, developed and peaceful Arab state—Lebanon is almost devastated, the Arab powers are sup- pleased. The Lebanese Palestinians to weaken them and maybe eliminate the "thorn."
Instead of trying to solve the real problem in the summit, instead of doing something constructive with all the money they have, instead of getting the Palestinians out of the refugee camp, instead of freezing the problem hoping they can unite around it.
In my opinion it is time to solve the problem.
Raphael Goldman Tel Aviv junior
Free speech tested To the Editor:
It's an American treat to have freedom of speech. Not many places are left on the globe where a pair of travelers can come and proclaim their message. In the '60s, Sproul met the Berkeley campus because he was a student of dissidents, the leftists and the rightists. Everyone got (and is still getting) his shot at people's
Peace, and second to see the test of the First Amendment.
Bob Mendelsohn 2647 Arkansas
We at KU have had our preachers, although most communication is done by way of writing, as this letter is in the Kansan, or by pamphlets distributed around campus. But to hear man preach isn't only a historical event (reminiscent of Wesley or Finney), but also a mission, an election, would they take such abuse and ridicule? What motivates them?"
B52 use supported To the Editor:
I would like to know in what capacity Mr. Kinney (Letter, Kansan, Nov. 10) served while in the Air Force. I would be surprised if he was a pilot or former Air Force pilot and find several of Mr. Kinney's comments inaccurate.
I have never known a pilot to "crash" a multimillion dollar plane because of the disgard for the taxpayer's disregard. Mr. Kinkey should at least credit us a desire for personal survival.
With a very basic look at the facts, Mr. Kinney would have discovered that the B2S is more than 20 years old and had already exceeded its projected useful life. It has already had its winger rebuilt and skin re-laced in 1980s and 1980s. The Bl isn't intended to replace the B2S, but to initially supplement the B2S forces.
What do you suggest, Mr. Kinney? Do you think we ought to wait until 1985 when the B52 is totally obsolete before developing a useful replacement? Maybe we should still be using patched-up World War II aircraft. Would you like to get into MIG 23 under those conditions? Robert B. Lester
Ozawkie third year law student
to worshiping alongside a black person. On the contrary, his membership in this particular church is a clear indication that Carter, as most Southern churches, has a church on the basis of other characteristics of the church, such as proximity to his home, the youth, music or educational programs, the athletic program, or belonging in serving God. Or maybe he simply liked the preacher.
In reference to your editorial, "The baptism of fire," which appeared in last Wednesday's Kansan, I find it necessary to form en鸣; that Jimmy Carter's affilis" in. with the Plains Bay Jail. Church has nothing to do with personal policy toward blacks. In January, Jimmy Carter will become the "executive leader of our country," yet he will still be only one member of the
Carter blameless To Carl Young, contributing writer;
Thus, attending this church wasn't one of the party's personal lives of Mr. Carter's personal life that, however unfortunate one aspect of it might be, being a devout cannot and should not affect.
John Croman Shawnee freshman
frequently sexually assaulted in the dark areas of town. This young man lived in an area many college girls passed on their way home. The area was lonely and dark at night and had many trees and bushes where Being a concern person, he being a concerned person, he took for an ear open for the sounds of a person in distress.
Girls crying wolf To the Editor:
I've recently come across an adaptation of one of Aesop's fables. It is my wish that you publish this new version in the book "How to believe." I am more meaningful to the women attending the University.
The College Girls Who Cried "Wolf"
There was once a young man who lived in a time when women of various ages were too
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One evening, several frightened screams, coming from a woody area across from the cottage. He rushed into the woods only to find two college girls frolicking down the path between the trees, screaming and laughing kicking on their way home
So grave was the sound of the screams to him that he continued to rush out into the woods and his vision appeared to be in distress.
But again and again to his amazement, he found the screens from the woods came out and girls strolling merry home.
There came a day when a college girl screamed in fright for help to evade a rapist who had been hiding in the bushes. But all in vain! The young man and his neighbors were no longer concerned with screens coming from the woods.
Ma that
Later that night, the raped girl, feeling sure that her screams were heard, angrily replied. "I'm a community for their blatant apathy. A wise friend repiled to her," If people would only screen in times of distress, then others would know when to
Sh occu Stat bear
James A. McClure
Assistant Instructor
Department of
Human Development
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