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Show Criminal Code Gains When Put to Test. Signature From Uncertain Rampton B Douglas L Paiker Tribune Political Editor Galvin L Hampton was Go talking four questions," capital punishment, abortions, picketing and pornography, when he signed inu law this past week a new state criminal code ol g He acted with a memorandum in hand from the attorney general s office, which, although ciithmng some legal doubts with constitutional overtones, advised signing the law and letting the courts decide the matters if asked to f That memo suggested the state could defend the now capital punisnmeiil piovi-sioThe criminal code doesn't actualh become effective until Julv , n u 1 Polygraph Tells Truth About Lies The code permits Ihe death penalty m first degree murder eases by a unanimous jury recommendation If this isn't forthcoming, the punishment is life There would be two separate trials one to determine guilt, the other to determine punishment The new provision is a reversal of the current law which requires the death penalty unless the jury recommends leniency. And some local judges dont believe that law is any good right now because of a U S Supreme Court decision. "The Supreme Court decision in Fur-navs Georgia has left the state of the law on capital punishment in confusion, the memo said "Mandatory capital punishment m certain situations wmuld much more likely be upheld as constitutional than this law ( (the new code) in light of the present confusion and controversy The polygraph or lie detector has been alternately assailed as "modern witchcraft" and praised as "the most eftective weapon in the law enforcement arsenal." Whichever side is right and, as usual, the truth is probably somewhere between the two extremes the fact remains that the machine is getting more and more use in criminal justice as well as in and periodic industry for Salt Lake City has two na"checks. tionally reeognied experts in the field so The Tribune sent reporter Max B. Knudson Jr. to take a polygraph test and try to shed some on this controversial subject. a concerning the death penalty Prepared Memorandum US The memorandum was prepared by Robert. B. Hansen, deputy attorney general, who added this advice: "It js likely that this laws constitutionality will be challenged in court soon since some legal scholars believe capital punishment per se L: now unconstitutional. However, we believe a substantial argument can be made to uphold it, and. in any event, this section of the law would be severable in the event it was declared unconstitutional J -- TV Today, Local News Page 30 Sports Monday Morning March 28, 1973 t Second Section Page 19 Alih Spring Lovely Spring weather Sunday spring Salt Lake Area residents to enjoy the sunshine in parks, canyons and Pleasant enabled evvn ' Light the new abortion section, the attorney general s memo granted that the in is "questionable constitutionality As to view of Supreme Court decisions, but there are those who say it will hold up Suddenh their The governor and the attorney general concurred that not only this section but others, such as those pertaining to abortions or pornography, could fall in later court challenges without affecting the balance of the act covering more than 140 pages New Abortion Section yards wands throughout the day kept kites high above several area parks as the high temperature reached 55 degrees, according to the National Weather Service at the Salt Lake City International low of 31 was recorded early Airport , Sunday. Forecasts for Monday, however, show' clouds increasing in much of the Region Temperatures are expected to be slightly warmer and some piecipitamn is forecast by late Monday Inter-mountai- n The memo pointed out that Supreme Court cases basically have held that in the first trimester of pregnancy (the first 90 days) a woman has practically an absolute right to have an abortion if she so desires, (and) during the second trimester restrictions that are reasonably related to maternal health can be imposed. The current state abortion law, almost like the one thrown out by the Supreme Court, permits abortions only m the case of verification that the purpose is to preserve the life of the mother. Tackles Situation The new code's section tackles the situatio i this way: It says abortions ai any time need be done for sufficient medical reasons. In the first trimester, reasons sufficient . would be those necessary to preserve the life, physical or mental health of the pregnant woman. In the second tnrnest- - Nothing Serious MONDYY know that W LINE: YSil Did you ttahs own Hill Air Force Base is the busiest Air Force base in the entire nation and the fourth busiest base in the world' didn I. either But its so I There were That my friends, is a lot ol takeoffs and landings' When the Ftah Siate Legislature convenes again in the early part of 1975. perhaps the lawmakeis should consider a Ltah' gambling casino to help balance the budget d There's money e bottles' KEN El'CHLER, maestro of the Westminster College Symphony Orchestra, is peeved at his musicians He says they are fooling around too much at re- hearsals In his latest bulletin, Maestro Kuehler says that the orchestra these days cant even produce an honest to goodness fortissimo " (I ask you. what good is a symphonv orchestra if it can't make with the fortissimo ) nd did you know th.it the average young baby born today in the Imted Mates is destined to spend nine yearn of his or her life m ft out of a television set1 ('.Much is just about lh best argu-mi'ii- t I've heard yd for birth con- i TlllLOC L The golfers are moping around the house, driving their wives crazy . . . They are testing new putters m the pn-- v acy of their offices, and taking practice swings m the basement on Sunday after- The local golfers wouldnt be so eager to get out on the course if they knew 10,000 golfers in the United States will gat hit on the head with a golf ball, 1,000 will be clipped by a flying golf club, 500 a. ill be hit by lightning. 2,000 will suffer heat prostration on the course and 1,500 wdl be run down by, or ruling m an overturned golf cart My goodness, it's safer to be a goalie for the Golden Eagles and it pays dice d If Ltah went into ihe gambling business, we could force the gamblers to to match our bourbon throw muu-dic- trol' ' more' in Tin oe months ago. tables. ustraha dabbled m state casinos and in the first three months of operation. Ihe Australians received $90 IH)U in profits ?! on the links Golf is considered quite a safe game but it isn't. 1971 State-owne- they're pacing up and down damp and snovw Mam Street, waiting for the weather to clear so they can start the season noons. 172.000 takeoffs and landings at Hill An Force Base last year.' up from a mere 126,000 landings and takeolfs in t By Max B. Knudson at he was apprehensive, first, about "19S4" device. Jr v'W1 M Barland. form a set of ex- else "lie But one thing troubled me and my deteetor theory: Dave 6 Raskin cum Clubber as Sierra conservatiomst-cum-defende- r is a liberal in the extreme. Not a few fanners, subdividers and types would term him a flaming radical Ironical iew of the downtrodden, dam-build- W hen I set out to take a poly graph test and write a story on the results, it was not with the "objectivity that all journalists are supposed to carry like a flag. Quite frankly, I was convinced the polygraph was a fascist tool for persecuting innocent victims This admittedly paranoid conviction was a result of a polygraph test required by a large company to which I applied for a job 10 years ago. The three-hou- r marathon session in which the polygrapher probed into the most inner recesses of my soul, relieved me of any neutral feelings I may have had for the device. In short, that man and his machine were Torquemada and 1984 rolled into one. 1 asked myself, is the doctor doing playing the estab- good hshments game with the lie detec'or Ironically, it turns out that he views the machine in precisely the opposite as the poor mans refuge from light ty ranny ; the innocent mans v indicator, the guilty mans salvation So what, ,,A Polygraph Expert David C. Raskin, Ph D , is a professor of psychology at the University of Utah He is also a national authori more specifity on the polygraph cally, why and how the machine works on human beings. Dr. Raskin is continually called to testify as an expert witness all over the nation in cases involving polygraphs. A good fnend of famed defense at- - H pertise that doesnt exist anywhere T1 r Tribune Staff Wnler They convinced me Lie defectors really do detect lies. Usually But do they also invade privacy, violate constitutional rights and, worst of alL make mistakes? Sometimes Eut two University of Utah psychologists hope to change all that. Gordon Dr. David C. Raskin Polygraph Is Best Friend torney F Lee Bailey, who has probaother lawyer to get polygraph tests admissible in courts. Dr. Raskin and his associate. bly done more than any "If you're interested in justice as not as we practice it we conceive it then there is a lot to be gamed from the truth, whether innocent or Whether guilty, Dr Raskin' began the accused has actually committed a crime or not, the Constitution guarantees hnn a speedy trial W'e're not getting that in this country, thats a fact So if a polygraph test can quickly exonerate an innocent man or bring about a confession and guilty plea from the guilty, then justice is served The innocent is saved from a lengthy and agonizing pre-triperiod and the guilty gets a lesser sentence and, with his confesto can begin rehabilitate sion, himself. An idealistic theory or a realistic See Page 22, Column golfi s i an' getting non oux. TODAY'S VALENTINE The high school basketball teams get all the cheers the high school football teams get all the publicity. ... men- - Nobody tions the high school rifle team . . . except me Thats why Valentine goes to the members of the West High School ROTC Rifle Team I . . . rifle championship This is quite a record And all members of the team a special Valentine (if the Day deserve And a special alentme of the Day to Jonn Now til. West High ROTC in- and coach of the - 'tnrvvyyvvyxnjijxrLruxxiTJVLarxnif-ij-Nr-rLrijLiTj-iririruro- Seven hours in a police car It's not what youd coll glamourous, it's hard work and lots of coffee, says Tribune Staff Writer Brian Nutting. He spent a night riding with Officer John Ounn. They sued to a robbery, gave out traffic tickets and even got a few smiles from errant drivers. Here Is Mr. Nutting's report on mghf in the life of a 1 policeman. worshiping youngsters while we watched a meter that monitored the speed of oncoming cars Several blocks away The meter was set to beep when a car exceeded 40 miles per hour, even though the posted limit was 30 Radar Device Biceps . Jus then a car exceeded By Brian Nutlmg machine beeped, and Tribune Staff Writer Just a few speeding tickets, a trip or two through a darkened alley and a check on a burglar alarm. A ty pical day, I've been told. V'M 40 mph. the Officer Dunn motioned the curb the driver of the car over to For a measured 46 miles per hour. Officer Dunn wrote the ticket for 41. Then after explaining the procedures for pleas and court appearances and smiling as the driver (a pretty girl) tried to talk him out of issuing a ticket. Officer Dunn thanked m advance for her future '$?" ;, , KB 4 $ "a u Z I Theres not much glamour on this job Most days its just a lot of waiting But, on the other hand you never know when youll be staring down the barrel of a gun, Officer John Dunn cautioned But, it was a slow night and luckily one devoid of gun barrels Lucky for Officer John Dunn because it makes his job on the Salt Lake City Police Department much more palatable. Lucky for me. too, because I was riding with him that night and 1 have qo delusions about serving the public at the point of a gun Unexciting But Important Officer Dunn, a traffic patrolman, and 1 spent seven hours in a marked, patrol car during the afternoon shift and engaged in what turned out to be a series of relatively unexciting but nonetheless important police functions interspersed with long stretches of con- versations on dozens of subjects. her cooperation Much to his surprise, each of the six returned the who received tickets thanks "Maybe that means it's going to be a good day, he said hopefully Then we went to lunch. (No matter See Page 29, Column 1 7 r u .. , ' 4 y a radar-equippe- d out a few minutes after 4 Officer Dunn had completed after p.m., check-iprocedures and run his car through a quick wash at the city gas pumps something he tries to do e'ery n For the tenth year in a row, the West High marksmen won the Salt Lake City structor team' rr We set Todays Sgt Sensors detect changes in GSR, durgalvanic skin response, ing polygraph session. Lie detector, says a local expert, is the best friend that the poor, Chicanos and Blacks ever had. Thrills, Glamour? Very Little for Policeman Dan Valentines 1 ' admitted See Page 22, Column 4 night f : set to take a polygraph test. The Tribune's Max B. Knudson All top-flig- SAM, THE SAD CYNIC, SAYS: I see where Jackie Onassis is going to how do you go about take a vacation taking a vacation from nothing? day The remaining 90 minutes or so of daylight were devoted to a stationary rador setup on 21st South a favorite of radar operators. Do It Easy W ay do this the easy way, Officer "Lets Dunn said, as he Lifted the patrol cars trunk and mounted the radar on the side of the vehicle "The raised trunk is to hide the emergency lights so they dont know we re here, he explained Then we stood on the sidewalk and ith a growing number of hero- chatted O .jv Great View From Up Here The.license plate looks bad for the driver of the 5stang but luckily no one was injure-1- , Sunday Freelance Fhuto By Mine Jokers afternoon when the two ears got tangled up at the intersection of 31109 Scejth and Highland Drive. - |