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Show mm pay FeUFttk DESERET Burger Will Support Criminal Justice Review By ROBERT A. BARNES Friday, June 27, 1969 mansliip would have used that method. Among oilier things, the sunburst doctrine of discovery of constitutional rights which spring into being as of midnight on a stated day could have been avoided. Congressional Quarterly A broad WASHINGTON reappraisal of the nations criminal justice procedure, with much of the legal profession taking part, is a longstanding priority with incoming Chief Justice Warren E. Burger. He has proposed that the Supreme Court use its Advisory Committee system for the task. As an alternative to what Burger says Is the Warren Courts practice of making sweeping changes on a a subject of much controversy in basis a committee of legal exrecent years perts would try to hammer out all points of view and devise comprehensive rules to govern police work and other proce- Burger lias watched the Advisory Committee process in operation in an American Bar Association project. Since last year he has been chairman of the Project on Minimum Standards for Criminal Justice, which the White House says has been described as the largest undertaking in the bar association's d his-tor- e "The scope of the projects concern has been the entire spectrum of the administration of criminal justice, including the functions performed b. law enforcement officers, by prosecutors and by defense counsel, and the procedures to be followed in the pretrial, trial, sentencing and review stages, the Institute of Judicial Administration at New York University Law School says. For sever! years Burger also has headed one of the projects subdivisions: the Advisory Committee on the Prosecution and Defense Functions. dures. The committee would tackle questions raised under the Bill of Rights, among other things. The committee's recommendations , ' would be submitted to the Supreme Court for adoption as binding on federal courts. It was an Advisory Committee headed by Arthur T. Vanderbilt, a former American Bar Association president, which produced the Federal Rules of Criminal Procedure in operation since 1946. A sim-- 1 liar committee produced the federal rules Wi.ich govern civil and appellate court procedures. Many states have based their own procedures on the feder-- . al rules. In each case, the Advisory Committee consisted of varied legal specialists appointed by 'die Chief Justice. Preliminary drafts prepared with staff help were circulated among thousands of law-- : vers and judges for comment and criticism. The Supreme Court eventually adopted final revisions which had run the gantlet ot wide legal analysis. Former Atty. Gen. Homer Cummings described the 1946 Federal Rules of Criminal Procedure, since amended, as a triumph of the democratic process in that they represent the thought and labor of the legal profession as a whole. Cummings said the Advisory Committee served as a conduit through which judges, prosecutors, attorneys, govern-- . ment officials and others interested in the functioning of criminal justice, throughout the length and breadth of the land, could present their problems and make known their needs. Burger has said periodic examination of the criminal justice system is desirable in any event. Our system of criminal justice, like our entire political structure, was based on the idea of striking a fair balance between the needs of society and the rights of the individual, Burger told a May 21, . . . To 1967, commencement audience. maintain this ordered liberty we must maintain a reasonable balance between Of the books of far, Burger said the collective need and the individual right, and this ,equires periodic examination of the balancing process as an engineer checks the pressure gauges on his boilers. But new urgency is added, Burger in view of the methods used by the Supreme Court in producing what many scholars call a revolution in criminal law the past 10 years or so. Committees are still used by the federal judiciary, with amendments to the rules issued from time to time. However, in addition to this method of changing rules, the Supreme Court also has at times included rule changes in its decisions on constitutional questions. The Supreme Court decisions are mandatory throughout the country, while the rules adopted by the other method can be rejected by the states. says, It is at this point that Burger dissents. Today we have the must complicated system of criminal justice and the most difficult system to administer of any country in the world, Burger told the touched upon in the holdings on interrogation, preliminary hearings, police lineups, eyewitness identification, for example, be committed to reexamination and reappraisal. Ohio Judicial Conference on Sept. 4. 1968. To a large extent this is a result of judicial decisions which, in effect, made of drastic revisions the code of criminal procedure and evidence and, to a substantial extent, imposed these new procedures on the states. These include many of the most controversial issues in the field of law . . . Surely it is arguable that the basic must concepts of orderly procedure apply to the enormously complex task of rewriting a code of criminal procedure. Over these past dozen years, however, the Supreme Court has been revising the code of criminal procedure and evidence e basis, on piecemeal on a inadequate records and incomplete factual data rather than by the orderly process of statutory rulemaking , . . Burger said the matter of clarifying the whole range of Rules of Criminal Procedure, including the new rules and procedures developed by the Supreme Court in various opinions, is imperative. He proposed greater reliance on the Advisory Committee method by the Supreme Court and that the whole area of criminal procedure and all the problems enforcement today. Some people think the word consensus has become a bad word, but I for one do not, Burger said. It is only by developing a consensus that any of the great issues of the country are resolved and the matter of crime and criminal law is indeed one of the great issues. Granting for the moment the power as distinguished from the wisdom of drafting a detailed codification of rights and rules of evidence via constitutional interpretation, when these rules reach uniformly into every precinct station and sheriff's office in every town and hamlet in a nation of 200 million troubled and anxious people, I respectfully submit that the slower process would be mow likely to produce a consensus and that the course of sound judicial states- - case-by-cas- rule-makin- g By DR. DARYL J. McCARTY Utah Education Association Education in the United , States is undergoing tremendous upheavals. On one hand the public is demanding more and better service of its school sys- tems. The costs of and regular expanded services are increasing rap-- i d 1 y, education itself is becoming more and P bee oming Dr. McCartv complicated. On the other hand the public is equally demanding that taxes be checked and even lowered. Utah is no exception to these forces straining against each other, and our state finds itself in a paradox. Realistically, the future of education THEY'RE YOUR SCHOOLS . in Utah must be faced. If Utah is to improve and regain its early heritage of emphasis on education, the most important single factor in improvement is the teacher. First, there must be professionalization of the educator and business of education. Educators are better trained and doing a better job today than in the past. Yet as more qualified and capable people come into the profession, they are insisting upon having more to say about their profession. They want better pay that is more commensurate with their work, their own educational investment and the importance of their role in socie- educators in negotiating salaries and working conditions. Teachers should also have the privileges afforded other professional groups within the state. will continue to be Professionalizing a goal of the Utah Education Association and we believe the public is willing to support both a professional negotiations law and a professional practices act. Both will do much to ease pressures and provide for orderly and reasonable means of working together. But what about the spiraling more services vs. higher taxes problem that erupts heatedly as the Legislature convenes each session to make its approprityations and assessments for education? want the Additionally, they responsibilities that come with the rights of their The teachers and the public must profession. If they are rewarded neither work more closely. The public must be aware of the needs of the teacher and financially nor with this responsibility, to the student and must recognize true they have two courses of action seek other employment or fight the priorities for quality education. Are we to extend programs to our three year system. Consequenutly, Utahns must become olds? Provide nursing services, psychological counseling, transportation and aware of the need to provide guidelines recreational programs? more equitable relationestablishing The public must decide. ships between boards of education and system of criminal justice, including the treatment acc.rded to persons convicted of crimes. in the 1967 speech cited earlier, Burger said, Many people, though ; rt all, will be deterred from serious crimes if they believe that justice is swift and sure. Today no one thinks that. However, at the same time he said: In part, the terrible price we are paying in crime is because we have tendonce the drama of the trial is over ed to regard all criminals as human rubbish. It would make more sense, from a coldly logical viewpoint, to put all this rubbish into a vast incinerator than simply to store it in warehouses for a period of time only to have most of the subjects come out of prison and return to their old ways. Some of this must be due in a really signifito our failure to try to change these m- n while cant way they are confined. Burger said further: Whether we find it palatable or not, we must proceed, even in the face of bitter contrary experiences, in the belief that every human being has a spark somewhere hidden in him that will make it possible for redemption and rehabilitation. If we accept the idea that each human, however bad, is a child of God, we must look for that spark. Generally speaking, Utahns are not only in favor of quality education, but they are also willing to pay for it. Utahns agree, too, that the teacher is the key to providing quality education. The UEA has always worked toward improving teaching, and we shall continue by redoubling our efforts. In addition to seeking a professional practices act, a professional negotiations bill, and more equitable pay, we will work toward e higher certification standards, employment for teachers, more reasonable work loads and working conditions, and first class citizenship in the community. We will look at staffing patterns, salary scheduling, programming, methods and teacher involvement. Utahs teachers are most adamant about providing quality education. They will work unstintingly within the framework of finances and responsibility granted by the public and the Legislature. full-tim- But we ask the public not to immediately take sides for or against. We ask the public to work with Utahs teachers by gathering to discuss intelligently the problems inherent in improving learning opportunities for our children. Needed: Probe Of Wiretapping By DREW PEARSON and JACK ANDERSON What the nation needs right now is a forthright congressional investigation of wiretapping and electronic eavesdropping, otherwise known as bugging. At present the nation is confused over a vital question which could move us closer to a police state. Reasons for the confusion MUSICAL WHIRL YOUR HCALTH By GEORGE C. THOSTESON, M.D. Dear Dr. Thosteson: How frequently should one take tub baths? Isnt there something about too much water on the skin? My girl friend takes an average of 12 tub baths a week and she has a breaking out on her arm and on the thighs. Will you comment on this? Mrs. A.T. Answer: A daily bath or shower is reasonable;' why your friend wants to soak about twice a day puzzles me, but maybe she has her reasons. Excessive washing and sudsing can remove protective oils from the skin, making it vulnerable to irritation or infection. Skins vary a good deal in their tolerance to bathing. But keep this in mind: it isnt the water, but rather the soap or detergent used in the bath, that is principally responsible for removing skin oils. Just soaking in plain water 12 times a isnt very likely to cause skin problems. If your friend uses a lot of lather, however, that could be drying her skin. For readers in the older-ag- e brackets, it is worth pointing out that older skins do not produce as much oil as younger ones, and excessive bathing, particularly soaping, can make the skin dryer than it should be. Itching often results. I decline to condemn batlis or cleanliness, but understanding the meaning of moderation can be a benefit to you. h A Cultural By HAROLD LUNDSTROM Deseret News Music Editor businessman, Leonard Strauss, decided in 1948 there was no need for him to practice his violing alone in hotel and motel rooms. Realizing that there must be scores of chamber music afficionados everywhere, he decided to locate them to help make future trips more enjoyable. The outgrowth of Mr. Strauss' search for companionship object: harmony is a growing organization named the Amateur Chamber Music Players (ACMP), with headquarters in New York A traveling City, and serving more than 5,000 members 1,000 in 50 foreign countries. With the aid of an annual directory, ACMP travelers can arrange music sessions with other members, whether in Hong Kong or Cedar City. For them, the ACMP directory is as important as road maps, credit cards, and travelers checks. For example, a retired dentist, Dr. .Henry James, used to travel nationwide Lonely-Hear- ts in search of chamber music lovers. Dr. James had equipped a trailer for chamber music sessions and journeyed from coast to coast using his ACMP directory as a travel guide. Whenever he reached a new town, he consulted local listings and called on amateur musicians for evenings of musical companionship Because ACMP is international, members can also use the directory to help plan foreign travels. Richard Hoffman, amateur for example, a violinist from Wilmette, 111., has spent evenings in Europe when the only common language between musical companworld-travelin- g ions was their own music. Mr. Hoffman spent one evening in Munich, Germany, with ACMP cellist Kurt Nothase. Although neither understood a word the other said, the evening launched a firm friendship that has lastand through severed for many years al interpreters. Mr. Hoffman once spent a musical evening in The Hague with a Dutch naval captain and several high officials of the Italian and Danish Embassies. The group named itself the NATO Subcommittee on the Performance of Chamber Music. Such enthusiasm is typical of these chamber music devotees, who come from all walks of life and all age groups, and Club? who have varying degrees of skill on their instruments. The directory includes on members proficiencies self-rate- d such instruments as violin, cello, French horn, clarinet, flute, oboe, recorder, viola, and piano. The only entrance requirement for an amateur who plays one of these instruments is to send his name, address, instrument, and proficiency to the ACMP Executive Secretary at 15 West 67th Street, New York, New York 10023. Catherine Drinker Bowen, the distinguished author, was one of the founding members. Chamber music groups experience what she calls a warm comraderie between string quartet players. In fact, the ACMP has been called a cultural lonely hearts club. Several marriages have resulted from chance chamber-musi- c groups formed by a few phone calls. However, most friendships are less romantic, but just as lasting. The members of ACMP believe that slight errors in execution are more than compensated for by the fun they have playing together. With music the most important concern, ACMP members also show perseverance. As Mrs. Bowen says: On arrival in a strange city, I simply sit down at the hotel telephone . . . until a quartet or trio is arranged, or whatever the environs offer. are: J. Edgar Hoover says that the late Attorney General Robert F. Kennedy ordered the tapping of Dr. Martin Luther Kings telephone. Former Attorneys General Ramsay Clark and Nick Katzenbach say that Hoover was the eager beaver to do the bugging- William Loeb, the New Hampshire publisher, has given a sworn affidavit that an assistant director of the FBI told him Bobby Kennedy operated a special division to spy on Jimmy Hoffa and tapped his wire intensively. The Justice Department has stated the FBI engaged in wholesale electronic eavesdropping over an indefinite period of years. LBJ stopped this. Finally, Attorney General Mitchell lias let it be known that he will resume wholesale wiretapping regardless of court opinions which have ruled evidence obtained by wiretapping to be unconstitutional. in Please Continue To Take Baths! so MERRY-GO-ROUN- D New UEA Spokesman Voices Opinions (NOTE: Dr. Daryl J. McCarty will become executive secretary of the Utah Education Association July 1. To give readers an opportunity to learn more about Dr. McCarty's views, he was invited to write this week's column. The views expressed are Dr. McCarty's and do not necessarily reflect either those of the Deseret News or its education editor, Lavor K. Chaffin.) standards published : Whether one agrees or not with all that is said, these reports contain a rich treasure of raw material which can help any court or Legislature in making rules or codes of criminal procedure. The netv Chief Justice also is a critic of many other aspects of the nation's "To maintain this ordered liberty we must maintain a reasonable balance between the collective need and the individual right, and this requires periodic examination of the balancing process." A19 NEWS, coirt that All this adds up to the fact that the public is entitled to know who is tapping whose wires and why. A Senate probe of wiretapping was held under Sen. Edward Democrat, later Long, a Missouri accused by Life magazine of having a conflict of interest with Jimmy Hoffas lawyer. Long delved into Internal Revenue eavesdropping, but was scared to death regarding the FBI and J. Edgar Hoover. They were left uninvestigated. The fact is that the last three presidents have been equally afraid of tangling with Hoover. Not one attorney general in the past eight years has been able to work with Hoover. Though supposed to be part of he operates the Justice Department, entirely on his own. Months pass and lie does not even speak to the attorney gen- OUR MAN JONES A Moment With The Old Folks By HARRY JONES The annual Old Folks Outing is getting a reputation like the April Conference for bringing rain to our beautiful Valley of Salt. this However, year die rain was already here. The outing just kept the weather around for an extra day. But the time must be surely upon us when those persons who saved for a rainy day start their with drawals from the corner vault. If for no other reason, they might consider buying runabout. a boat a ... it When the rain drives the older folks indoors, they go to the various ward and stake houses instead of Liberty Park. It takes the luster front the event, and it makes it a little difficult to talk to sonic of these old timers. They have more stories than the Library of Congress . . . snd loss fiction. Some of the younger old timers around the valley served in World War I. And they have tales. Westley Johnson, milwho edits a peiiodical for the 1917-1itary, knows them all. There's Harry B. Field, who was with the 5th Regiment of Marines. He was on watch on the USS Henderson . . . part of an escort and convoy. About 6 a.m. in the morning, while approaching the French coastline, he spot- ted a torpedo off the starboard headed their way! With the sound of the alarm, sirens blew, horns blasted and the entire convoy executed sharp turn maneuvers. The torpedo was dodged, and in the ensuing battle, seven subs of the German Navy went to the bottom . . . Harrys ship was credited with getting .wo of them. Lloyd W. Bolton, another veteran of that war front our valley, was on the F deck eight feet below the water line when his ship collided with another. Luckily the ship stayed afloat for two days while they made it to France. The saddest story gleaned from the older group concerned a beautiful little lady who worked in a local baf.k. She kept herself neat and trim . . . touched up her grey hair. No one at the bank knew her real age . . . and she lied a little. But the day came when she was called into the tront office. It was regulations that people her age must retire. . Lets call her Marge, which isn't her real name. The fellow in the personnel office of the bank respected Marges reluctance to tell her age. She was of retirement age - Z. looked 43. I'm Marge returned to her desk. she told the others in her leaving, office. But Marge just couldnt bring herself to tell them the truth. Im getting married, she lied. There was the usual kissing, hugging from the girls, congratulations from the men. Marge even bought a ring to flash for the few days she would remain at the bank. And on the last day, there was a gift and bonus the usual farewell from the bank. The bank president, good to his word, didn't mention retirement in his little farewell bit. He did wish her luck. Marge had gotten away with her little white lie . . . until that evening when the girls at the office gave her a surprise shower . . . and the truth was out! 8 , ... Wit's End One thing about all the raises in pay the commissioners are giving themselves . . . theyre doing away with the cheap politicians. BIG TALK - 4 ' ' eral. His is the only agency of government, except for Central Intelligence, whose books are not scrutinized by the General Accounting Office. He ran spend money at will, answerable to no superior. And when he conus before congressional appropriations committees its members fall all over themselves asking Hoover how much money he needs. There aren't many congressmen with enough intestinal fortitude to probe wiretapping. but there are some and they should do it. "The astronauts will bring back 50 pounds of specimens from the moon. There they go, acting like tourists!" Prom photos taken by Lionel V. McNeoly for the Newt popular daily Birthday Uaturo. Oestret K |