University of Michigan Law School University of Michigan Law School Scholarship Repository Res Gestae Law School History and Publications 1954 Vol. 4, No. 4, January 1954 University of Michigan Law School Follow this and additional works at: http://repository.law.umich.edu/res_gestae Part of the Legal Education Commons Recommended Citation University of Michigan Law School, "Vol. 4, No. 4, January 1954" (1954). Res Gestae. Paper 1060. http://repository.law.umich.edu/res_gestae/1060 This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. RES GESTAE SCHOOL OF LAW, UNIVERSITY OF MICHIGAN Vol. IV January, 1954 No.4 JOHN EDGAR HOOVER, THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF JUSTICE Page 2 RES GESTAE Vol. IV, No. ATTORNEY GENERAL'S VIEW OF FIFTH AMENDMENT by JAMES HAGGART In a recent address before the Law Club of Chicago, Attorney force and violence, the more imperative is the need to preserve General Herbert Brownell, Jr., outlined his suggestions for legisla­ violate the constitutional rights of free speech, free press, and free tion which he believes would remove many of the objections to in­ assembly in order to maintain the opportunity for free political dis­ vocation of the constitutional privilege against self-incrimination cussion, to the end that government may be responsive to the will by witnesses appearing before Congressional investigating com­ of the people and that changes, if desired, may be mittees and federal courts and grand juries. peaceful means.'" That part of the Fifth Amendment to the Constitution of the Mr. Brownell adds, however, that • As against these threats to United States which provides that no person "shall be compelled in our precious liberties, we must also weigh the possible harm to the a criminal case to be a witness agatinst himself" has its roots in the public safety and welfare, without which there can be no liberty for common law of seventeenth-century England; a similar provision is anyone. While the rights guaranteed by the First Amendment may included in the constitution or is a part of the common law of each not be curtailed, abuse of these rights may properly be curbed." of the forty-eight states. The judicial history of the United States The Attorney General suggests that the most effective method and the several states reveals that the courts have been vigilant in of mitigating the undesirable consequences of invocation of the protecting the rights guaranteed to the individual by the privilege privilege is the passage of legislation granting immunity from fed­ against self-incrL11ination. As a practical matter, however, invo­ eral prosecution to individuals who might otherwise seek the pro­ cation of the privilege has resulted in many instances in the con­ tection of the Fifth Amendment. If such an immunity were granted. cealment or suppression of facts essential to the proper adminis­ it would no longer be possible for an individual to invoke the privi­ tration of justice in a given case. The problem, therefore, as Mr. lege, since he could no longer clain that an answer to the question Brownell sees it, is "to determine whether it is possible to strike a put to him might tend to incriminate him. That is, if federal fair balance between the Government's right to obtain vital infor­ prosecution were no longer possible on the basis of information mation and the individual's right not to incriminate himself." which might be divulged by an answer to the question, such an an­ Perhaps the most dramatic use of the privilege against self­ swer could not tend to be incriminating. incrimination in recent years has been in the area of Congressional The proposal is not a new one; immunity legislation has been investigation of subversive activities in government and education. experimented with in the past at both the state and federal levels, Likewise, witnesses in federal investigations of narcotics and vice and is in force in some areas at both levels at the present time. A rackets have frequently sought refuge behind the Fifth Amendment. number of statutes, however, have been held unconstitutional on the In both situations the effect of invocation of the privilege has been grounds that they did not confer immunity of a sufficiently broad to obstruct government authorities in their search for facts and evi­ scope. Since the individual cannot validly invoke his privilege dence which Mr. Brownell believes should be brought to light in the against self incrimination if immunity from prosecution has been public interest. extended to him, it is imperative that the scope of the immunity At the same time, the Attorney General is not unmindful of the as broad as the scope of the privilege. necessity of protecting individual rights under the First Amendment: The philosophy of immunity legislation is stated by Mr. "Unquestionably every effort should be exerted to protect the right in these words: "By permitting one or several criminals to escape of our people to speak and think freely. As Chief Justice Hughes prosecution, the larger public peril contained in a gang of criminals has well said: 'The greater the importance of safeguarding the com­ or in their leaders may be uncovered, and the guilty brought to jus­ munity from incitements to the overthrow of our institutions by tice .. .It is hoped that this legislation will only be resorted to where full disclosure by witnesses is deemed of greater importance than the possibility of punishing them for past offenses." The Attorney General believes that freedom of a witness to an­ swer questions put to him by investigating bodies without fear of self-incrimination would promote the public interest in at least two aspects. In the first place, it would enable Congress to uncover facts which would serve as the basis of new legislation: •obviously, if Congress is to legislate wisely with respect to subversion, and other crime and corruption, it must not be obstructed from learning who are its leaders, organizers, and members; the nature and scope of Edited by the students of the University of Michigan Law School their activities; the character and number of their adherents." under the sponsorship of the Student Bar Association. Communica­ In the second place, it would enable the three branches of the tions should be addressed to: federal government to ferret out employees who are suspected of RES GESTAE subversive activities: "Suppression of truth in any case is bad Hutchins Hall, University of Michigan Ann Arbor, Michigan enough. In no event can it be justified by a Government employee or applicant for Government employment in the face of a Congres­ Editor - Richard E. Goodman sional inquiry where the interests of the national security are at Associate Editors: Business Manager stake ...There is no law which requires the Government to sit su­ Granger Cook Leland Cross pinely by until the suspected employee has been convicted of dis­ John Fallon Copy Editor loyalty or other similar misconduct inconsistent with the interests Donald Steiner Jack Trombadore of the national security before it can separate him from the Gov­ ernment service." Staff Writers: Staff Photographer Furthermore, the Attorney General believes that the passage of John McDermott Richard S. Baker immunity legislation would provide more adequate protection for Charles Hall James Haggart the witnesses themselves: ( 1) It would save from prosecution a (continued on page 4) January, 1954 RES GESTAE Page 3 LA WYERS IN THE FBI by JOHN EDGAR HOOVER, DIRECTOR Federal Bureau of Investigation, United States Department of Justice This June, thousands of American law students will be graduated Helping to protect society, convict criminals, and acquit the from the colleges and universities of our nation. Having devoted innocent is a pursuit rich in personal satisfaction and pride. For years of their lives to the study of law, these students now will pre­ example, analyze the following case, typical of thousands of others, pare to adapt their education to a specific vocation. Perhaps the from the files of the FBI. most important decision in their lives will be made when they de­ In the early Spring of 1950, a confidence man approached the cide upon the single position of those available to them which they horne of a retired packing company employee in Indianapolis, will accept. Indiana. A well-respected member of the community, the con If he is to find happiness in the life which lies ahead, it is im­ man's victim had been ailing for a number of years and had spent a portant that each of these graduates resolve to his own satisfaction considerable amount of his life savings for medical expenses. In­ several questions pertaining to his chosen vocation. Before accept­ troducing himself as "Dr. Williams," the criminal entered the man's ing any offer of employment, he must ask himself: "What shall I home under the pretext of being a Federal Government doctor. accomplish if I engage in this type of work? Must I compromise After examining the man, "Dr. Williams• revealed the cause of my ideals to enter this field? Are the standards and goals of this his illness-- "Bad nerves and low blood pressure. • He further con­ vocation in keeping with my moral values I" fided to his victim, "You'll be blind in thirty days. I'll have to We, of the Federal Bureau of Investigation, sincerely feel that leave you some medicine for your eyes." The man paid $25.80 for our activities and responsibilities enable us to answer these ques­ two envelopes of pills.