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Extensions of Remarks (PDF 4MB) 36834 CONGRESSIONAL RECORD-' .SENATE December 14, 1967 :EXTENSIONS OF REMARKS McClellan also suggests how President Q: What are you. doing to counter such Omnibus Crime Bill Johnson might handle Dr. Martin Luther rulings? King's forthcoming massive civil disobedi- A: I have added in this bill a section per­ EXTENSION OF REMARKS ence effort. · mitting the trial judge, if a question ls o• Q: Senator, you have called our law en­ raised about a confession, to hear all per­ forcement "inem.clent and inadequate." Two tinent testimony out of the presence of the HON. STROM THURMOND former U .s. attorneys general, Republlcan jury. He then submits t~e confession to the 01' SOUTH CAaoLINA Wllllam P. Rogers and Democrat Robert F. jury with the instruction that lt be given Kennedy, launched what were called major as much weight as it thinks it should have. IN THE SENATE OF THE UNITED STATES drives on organized crime. Where did they The jury could find the confession coerced, Thursday, December 14, 1967 fall short? in which case it would have no weight at A: I think those men were sincere but I all. Mr. THURMOND. Mr. President, un­ don't think they have always gotten the co­ Q: Won't you have serious trouble getting der the able leadership of the distin­ operation they should have. Of course, law that through? guished Senator from Arkansas CMr. Mc­ enforcement is primar1ly a local responsl­ A: That's why the blll 1s held up now. A CLELLAN], its chairman, the Subcommit­ b111ty. They dealt with federal laws only substitute b1ll has been presented by the tee on Criminal Laws and Procedures of and what I have said applies to enforcement administration which ·the attorney aeneral at all levels. I am not placing the blame on participated ln drafting. It is generally what the Committ.ee on the Judiciary has re­ any attorney general. My own thought ls that was originally introduced, without some of Ported an omnibus crime bill to the full sometimes, in some given cases perhaps, they the features we prepared. committee. could prosecute more vigorously. AUTHORITY Such a measure is long overdue and Q: Then who or what is at fault? Everybody-except the attorney general, so by all means should be passed by the A: It's the failure to make our system work. far as I can determine-seems to want wire­ Senate at the earliest possible time in That responslb111ty rests upon all of us in the tap and electronic survemance authority un­ the second session of the 90th Congress. fields of legislation, administration and the der strict orders of the court. I don't know, courts. I see no indication that the trend ls maybe the President has stood against it, During the first 9 months of 1967 vio­ being reversed. By 1976 the number of major lent crimes as a group increased 15 per­ but they say it isn't safe. Somebody's pri­ crimes could reach 12 million. It's rising like vacy may be invaded. cent nationwide over the corresPonding compound interest. No government can with­ The overlords of organized crime use the period in 1966. The need for an effec­ stand such an undermlnlng lnfiuence of its telephone. Dope merchants use the telephone. tive crime bill which will aid and en­ sovereignty. This is the greatest internal dan­ They are shielded. Why shouldn't the pollce courage law enforcement becomes more ger in our country today. have the same tool to use under a court apparent with each passing day. S. 917 INDDTERENCB order? If we cannot trust our courts to use as amended by the subcommittee would The people must become aroused. Citizens the special and necessary precautions to see clear the air of the confusion surround­ cannot retreat into an attitude of indlfference that abuses do not occur, then ln what can ing law enforcement which has been cre­ and pull all of their trust ln law enforce­ they be trusted? ment om.clals. They must insist on enactment Q: You have said we are in a period of ated by recent Supreme Court decisions. crisis. What hope do you see of breaking the As Senator McCLELLAN has stated: of laws to deal with these problems and insist upon strict enforcement. dead-lock which seems to have developed be­ The immediate problem 1s to give the po­ Hardened criminals should be put behind tween a Supreme Court, described as llberal, liceman tools to work with and to restore bars and kept there. I don't think you can which produces decisions llke that in the to our jurisprudence the eligib111ty of volun­ reform them. You only jeopardize society "Miranda" case, and the Congress, which ap­ tary confessions as evidence in criminal when they are released and not punished, pears to reftect many citizens' urgings for cases. whether it is done by a municipal Judge, a stronger action against offenders? A: What are we supposed to do, nothing? S. 917 would provide for admission into court of general sessions, or the supreme court. I belleve ln trying. I would hope at least one evidence of truly voluntary confessions Q: What would be the best course for the member of the court would change his mind and, in addition, would establish guide­ country right now? Is the crime control blll when they see the evil fruits fl.owing from the lines under which law enforcement om­ decisions they have handed down. I've seen 1 in your Judiciary committee the answer? cers could make use of Court approved, A: I believe the approach in the President's one justice, Hugo Black, indicate perhaps he electronic surveillance. "Safe Streets and Crime B1ll" ls sound, but has become concerned and a llttle more re­ lt wm take four or five years before it bears strained in this field. The need for this legislation was dis­ I voted against some Justices I now wish cussed in an article published in the De­ fruit. It does not reach the immediate prob­ lem. I had voted for. (Senator McClellan voted cember 7 edition of the Columbia, S.C., We made some modlftcatlons in it which, against coniftrma.tion of Justice Pott.er st.ew­ Record, in the form of an interview with in my judgment, improved it. The immediate art, John Heirland and Thurgood M.a.rahaJ.l Senator McCLELLAN. I ask unanimous problem ls to give the policeman tools to and later ls known to have expressed ap.. consent that the article be printed in the work with and to restore to our jurisprudence proval of some of Stewart and Harlan's RECORD. , the el1glbll1ty of voluntary confessions as opinions.) evidence in criminal cases. Those are two Q: Senator, your riot investigation has There being no objection, the article taken you thus far to Nashville, Tenn. and be in RECORD, weapons-potent and effective weapons-the was ordered to printed the police today are denied. The confession has Houston, Texas. What have you found? as follows: been traditional in our system of juris­ A: These are tentative, not final conclu­ McCLELLAN w ANTS To 8LABH NATION'e CRillU prudence for more than 100 years. sions: the two riots appear to have been RATB fomented by extremists, primarily members ILL"OSTBATION of SNICK (the Student Non-Violent Coordi­ (By Vera Glaser) A clear 1llustration occurred recently when nating Committee, a milltant Negro group) WASHINGTON.-The Senator's crack investi­ a 15-year-old Oklahoma boy murdered his in both instances. It ls very unllkely the gator and expert on crlmlnal behavior, John mother, set fire to the premises and burned disturbance would have occurred, certainly L. McClellan of Arkansas, is meeting resist­ the house. no serious disorder would have occurred, ex­ ance from the admlnlstratlon as he tries to When his father took him to the police, cept that extremists fomented the actions. write a law he considers tough enough to along with his two older brothers, he ad­ Q: Would you say they were Communist­ deal with America's· rising tide of crime and mitted what he had done. The case came to oriented? violence. trial. The judge, following the Supreme A: I have no positive proof, but birds of In the following interview the chairman of Oourt's "Miranda" decision, held that since a feather ftock together. Stokely Carmichael the Government Operations Committee re­ the boy hadn't been warned he was entitled and some others seemed in a hurry to run veals himself as deeply troubled over the to a lawyer there had to be a judgment of off to Cuba. widespread defiance of authority ln the U.S. acquittal. Q: How do you view the announced plans He warns that, "no civilized society can Now that is a strained, distorted inter­ of Dr. Martin Luther King for a massive civil withstand such a vicious assault upon its pretation of the Constitution both in letter disobedience campaign in U .8. cities? structure." and in splrlt. That is the harm being done A: I do not see how any government can McClellan's permanent investigations sub­ by some of these 5--4 Supreme Oourt deci­ permit such a thing and expect law and committee ts probing the causes of Negro sions that are shackling law enforcement order and constituted authority to be rioting in U.S. cities, an effort which will om.clals in this country. respected. continue through 1968. Here he offers some Every hardened criminal in this country Q: Isn't it similar to the October peace tentative findings of the probe and discusses knows lt.
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