6The Daily Tar HeelTuesday, September 21, 1982 mm 90th year of editorial freedom John Drescher, Editor ANN PETERS, Managing Editor KERRY DEROCHI, Associate Editor RACHEL PERRY, University Editor ALAN CHAPPLE, City Editor JIM WRINN, State and National Editor Linda Robertson, Spa Editor LAURA SEIFERT, News Editor KEN MlNGlS, Associate Editor ELAINE MCCLATCHEY, Projects Editor Susan Hudson, Features Editor LEAH T ALLEY, ylrts Editor Teresa Curry, weekend Editor AL STEELE, Photography Editor Free press-Fair trial By STEPHEN RIDDELL ding to the Reporters Committee on Freedom of the Press a national organization based in Washington, D.C. The cases resulted in 18 contempt of court citations and 13 1 ; , jail sentences. Although some of the sentences were stayed The recent jailing of a Boston newspaperman for failing pending appeal, three reporters served time in jail and five to reveal a confidential source when subpoenaed to testify news organizations were fined for refusing to disclose con- Chemical conflict The protest in Warren County over the state's PCB dump site continued Monday with the arrest of more than 130 people, most of them genuinely concerned about the dump's location. But recent comments by several of the protesters show an apparent desire by some to make a racial issue out of what has so far been a sincere protest based on environmental con cerns. Warren County residents repeatedly have made clear the intensity of their opposition to the dump's location. From the start, the main issue was concern for the environment and fear that the poisonous chemical would leak into the soil and the local water supply. Only recently has race been mentioned as a possible cause for the dump's location. Warren County is 59 percent black and has the lowest per capita in come in the state. But only after studying several proposed dump sites across North Carolina did state and federal officials agree on Warren County. Soil quality water tabl& level, population density and the avail ability of land were all factors cited by state officials in making the deci sion. The state's decision, though sound, means that it has an obligation to frequently monitor the area for health hazards. , Both blacks and whites living near the dump site are understandably opposed to its location. But as last week's protests continued into the weekend, new protesters opposed to the dump for primarily racial rea sons joined the fight. The Rev. Leon White and the Rev. Ben Chavis, both of the United Church of Christ Cornmissidri ph Racial Justice, said they felt that the landfill had been placed in Warren County because of the high percentage of blacks living there. Joseph' Lowery, the president of the Southern Christian Leadership Conference, also felt the location of the dump was racially motivated. What is at stake in Warren County is not a racial issue; it is the safety in court has pushed the free press-fair trial issue into the news again. Across the country, courts and newsmen are searching for the balance between the First Amendment guarantee of a free press and the Sixth Amendment rights of a defendant to a fair trial. On one side, newsmen say they must have a qualified privilege to protect confidential sources. They say the flow of information will dry up if they can't give sources pro tection adding that rules compelling them to testify in court have a chilling effect on newsgathering and dissemination. On the opposite side, court officials say a defendant's right to a fair trial is paramount. If a reporter has vital in formation about a crime that has been committed, he should be required to reveal it as any other American citizen would be, according to the judges. The issue is a classic constitutional confrontation, but the U.S. Supreme Court has been very reluctant to deal with the free press-fair trial dilemma. Instead of showing leadership and guidance, the court has dodged the sub ject, leaving it to the states to handle on an individual basis. Unfortunately, the result has been an erratic, piecemeal set of rules and laws that tends to confuse - rather than clarify the problem. The Supreme Court must realize that the problem isn't going to be solved effectively on a state-by-state basis. The maze of conflicting rules and case law is just too confus ing. And the problem is growing, too. At least 46 reporters and news organizations have fought subpoenas during the past 18 months, demanding disclosure of confidential sources and information used in compiling stories, accor- LETTERS TO THE EDITOR hdential information. In other cases, settlements were reached, often with the reporter agreeing to testify only as to the accuracy of published information. In general, a reporter is most likely to be subpoenaed if the court believes he has information that is centrally rele vant to the case and there is no way of obtaining it elsewhere. (This is particularly true in cases of serious felonies such as rape and murder.) The subpoenas can de mand names of sources, notes of off-the-record interviews and even the private thoughts of reporters as they wrote stories. In the Boston case mentioned earlier, veteran Herald American reporter Paul Corsetti was lucky because he on- ly had to spend eight days of his three-month sentence for contempt of court in the Middlesex County Jail in Cam bridge. He was released when Gov. Edward J. King acted to commute his sentence. King refused to exonerate Corsetti by granting him a pardon which would have cleared his police record. He added that Corsetti would be the last newsman to get relief from the governor's office in cases involving protection of confidential sources when announcing the decision. The Massachusetts Superior Court has been firm in its stand against recognizing a qualified privilege for newsmen. And reporters have gotten no help from the state legislature in the form of a shield law which would give journalists statutory rights to qualified privilege. Thus, reporters in the state have relatively little protection. About 26 states have passed shield laws which prevent reporters from being held in contempt (or refusing to reveal sources. Some protect all information, including notes and the reporters' private thoughts, while others protect just the identities of sources. In other states, court have on occasion granted reporters some limited constitu tional protection in the absence of an explicit shield lawf In North Carolina, there is no shield law and practicallj no case law in the free press-fair triararea. In general, th courts and media representatives have worked together ii! a spirit of cooperation when problems have arisen in thi j gray area of the law. I Some press advocates have taken a purist approach arguing against shield laws.. They strictly interpret the Firsj Amendment statement that, Congress "shall pass no lavl abridging freedom of the press" to mean just what it saysj They argue that journalists don't need the protection because of the First Amendment guarantee and go on to say that Congress has no right to pass a shield law. 1 It's clear that until the Supreme Court gives the state! some guidance in the free press-fair trial area, confusion will reign. The Court last jostled with the subject in a 1972 Ohio case. In Branzburg v. Hayes, the majority held thai reporters who are eyewitnesses to crimes may not refuse tq divulge information and sources to a grand jury. Sine that decision came down, the court has been presented with several cases involving free press questions, but eacn time it denied review. The reasons for the Court's inaction are two-fold. FirstJ the justices don't want to review a case that is difficul because the nuances and complexities of hard cases often make for bad law. Secondly, the press has been reluctant to press forward with weak cases fearing that the Court will set a precedent adverse to journalists. 1 Both sides should realize that reporters don't work in a! voir! Ppal li ff rirnimctiincft nwta oooVi roca imlm.n n-rA m its own way difficult. But these are not reasons to avoid the issue. It's time for the Supreme Court to show some leadership by meeting! the free press-fair trial issue head on. Stephen Riddell is a first-year law student from Boston, Mass., and was editor of "The Gamecock at the University of South Carolina. ororities have failed challenge To the editor: In response to "Sororities voice reaction to black rushee" (DTH, Sept. 17), though the article never states explicitly that of all its residents. Original protest leaders seem to understand this Melanie wAson a sorority b4 they have been emphasizing the bi-racial makeup of the protests. "We were on the CBS Evening News before Ben Chavis ever got here," said one protester. Local residents should not allow their fight to be twisted by a few professional agitators, late-comers to the protest who simply want to make it a battle between whites and blacks. Accepted murder It's been called the "socially accepted form of murder." The horror stories of drunk drivers who maim and kill and then virtually escape punishment are sad, disheartening and shockingly numerous. News week reports that more Americans have died at the hands of drunk drivers during the past two years than were killed in Vietnam. A 1980 survey by the 1J .S. Department of Transportation found that more than 40 percent of traffic fatalities included at least one driver who had been drinking. Everyone deplores drunk driving, but as long as there have been alcohol and automobiles, convicted drunk drivers usually have received little or no punishment. Somehow all the crusading rhetoric about punishing drunk drivers has evaporated once a judge or jury set its eyes on the hard working father of four who lives down the street or the wholesome, squeaky clean college student who wants to attend graduate school. With plea bargaining and lenient sentencing, offenders often are back on the road soon, and then often are arrested for driving under the influence again. That's why it's encouraging that the recent public outcry against drunk drivers is causing lawmakers and law enforcers to crack down on punish ment. Tougher laws are working in a number of states. For example, stricter laws in New York State took effect in November. In the first four months of 1982, there was a decrease of 25 percent in the number of automobile fatalities over the same period the year before. Tougher laws, though necessary, are not enough. Previous crack downs have worked for a while, then lost their effectiveness. Besides tougher laws, states need an emphasis on prevention through alcohol and traffic safety education, and rehabilitation programs for those convicted of drunk driving. It is up to the public to press a surge of urgency that drunk driving laws must be reformed, and to press lawmakers to have the political will to make the reforms: 1 ' because she was black, no statements of Panhellenic representatives excluded this possibility. We do not wish to single out any person or sorority house involved in this issue. Rather, this example reminds us that racism is not a closed issue in our society. We believe, however, that the sorority system as a whole has failed the challenge of accepting a black sister. The challenge has not passed. The issue should not die with the 1982 Panhellenic Formal Rush. The Campus Y has no definite solution, yet, true to our history, we offer our energies and resources and welcome any concerned individual who wants to discuss this issue. Bob Royalty Anne Beeson Co-presidents, Campus Y and the Campus Y executive committee Drivel-like whinings To the editor: This letter is in response to the drivel like whinings of Ken Mingis over his ex periences at the UNC-Pittsburgh football game "Pittsburgh America's city of steel lacks luster" (D777, Sept. 16). First, let it be clear that the undersigned are both loyal Perm State fans, so our defense of the city of Pittsburgh, its university and its people is only motivated by our distaste for Mingis' distorted, derogatory statements. , Mingis' unfair appraisal of the city and its people is based on only 20 hours spent in Pittsburgh and seems to reflect a bad ex perience in a city. It is not fair to condemn the city and its people "America's City of Steel lacks luster. . .the people are of an entirely dif ferent mentality there Behind the facade of that big, modern city lie frustra tion and coldness... a violence, an underlying anger that lives in some of the VC66 ON, LET'S 60-HWE I EVER UP ftu VVR0N& 3 people.... It may not have been enough time to objectively see the city, but it was enough to get some Reeling about the people we saw. And I didn't like it." And then again, maybe Mingis mentali ty is always ready to make poor judgments. Certainly he is hung up about his southland. Nowhere in the article does Mingis assert that there were defamatory remarks about his precious South. Only Mingis seerru to equate these age-worn dif ferences with a football replay of the Civil War. Mingis again: "I've grown up in North Carolina and heard the phrase 'Damn Yankee' all my life Still, after some of the things I saw that night, the thought crossed my mind more than once." Mingis did the right thing by fleeing back to what he calls "the safe South," but he errs by equating the entire character of the city of Pittsburgh with the actions of a few. Unfortunately, jerks can be found everywhere, even in quaint little villages with pale blue people and tar-filled heads (aren't broad generalizations great?). Dan Carol Francis Krizmanich Generalizing unfair To the editor: When I lived in the North, my friends and neighbors told me that all Southerners were stupid, slow and backward. They said they had met enough Southerners to convince them that everyone in. the South BUI arrest: what it means and what to do By DA VID R UDOLF and DONALD BESKIND Across the United States, public of ficials at every level are feeling the effects of an organized campaign against drivers who drink. Whether the pressure group is MADD (Mothers Against Drunk Drivers), or other similar organizations, the message to public officials is the same crack down on drunk drivers. The pressure is having its impact in North Carolina. Arrests and convictions for driving under the influence (DUI) are up. Under the circumstances, if you drink, . you need to know about the crime of DUI, the penalties, and what to do if you are stopped or charged. This article tries to cover those questions. Please remember, however, that there is no substitute for effective representation by a competent attorney. Nature of the Offense It is a misdemeanor in North Carolina to drive a car while "under the influence" of any alcoholic beverage or drug. "Under the influence" is not necessarily the same as drunk. The test is whether your physical or mental faculties are "appreciably impaired." Thus, you may be guilty of DUI if your mental abilities or physical reflexes have been af fected to a noticeable degree by an alcoholic beverage or drug. It is particularly important for students to realize that they can be con victed of DUI even if they never leave the campus, or are simply riding through one parking lot to another. The law specifically applies to any "public vehicular area," including the grounds of any public or private university. It also specifically applies to mopeds. Finally, if you knowingly let someone who is under the influence drive your car, you too can be charged with DUI. The penalties are the same as for the ac tual driver. Penalties for DUI Conviction for a first offense of DUI carries a sentence of up to six months in jail, a fine of $100 to $500, and loss of . license for one year. Second offenders (within three years) get a jail sentence of three days to a year, a fine of $200 to $500, and lose their licenses for four years. The penalties for three-time losers' are even worse. That's what the courts can do. The in surance companies provide even more punishment. Every conviction of DUI raises the cost of your insurance 450 per cent for three years. A typical policy, which costs $300 per year, costs $1,350 per year after the DUI conviction. What to do if you are stopped for DUI When a police officer stops you for driving under the influence, you will be asked for a license and registration. Then the officer will ask you to get out of the car to answer certain questions and take field sobriety tests. The sobriety tests in volve things like walking a straight line, picking up a coin, or reciting the alphabet. The questions are usually about things like when you last slept, ate or drank; what you had to drink; and whether you suffer' from any physical ailments which might account for erratic driving or inability to pass the sobriety tests. When the officer asks you to take the tests or answer the questions, you face an important decision. On the one hand, anything you do or say may ultimately be used against you in court and you have the right to refuse to take the tests or answer the questions. On the other, a cooperative attitude towards the officer generally works to your advantage in plea-bargaining and at sentencing, par ticularly if it's your first offense. If, after asking you to perform the tests and answer the questions, the of ficer believes you are under the influence, you will be placed under arrest and brought to the police station for a breathalyzer test. This test measures the percentage of alcohol in your blood. At this point, you face another critical decision. The law presumes that a reading of .10 or greater constitutes be ing "under the influence." Indeed, it is a separate criminal offense to drive with a blood-alcohol level of .10 or more. Thus; if you decide to take the test and blow more than .10, it becomes very difficult to beat the driving under the influence charge at a trial. On the other hand, a willful refusal to take the test results in an automatic and total revocation of your license for six months. This revocation is more severe than the one which accom panies a first conviction for driving under the influence. For a first offense DUI, a judge may grant a limited driving privilege which lets you drive during cer tain hours and in certain places. This privilege is not available if you refuse the breathalyzer test: Faced with this choice,' most first of fenders wisely choose to take the test. Of course, for those who already have a DUI conviction, the decision is much tougher. Although the refusal to take the test can be used against you in court, a high reading may virtually guarantee a second offense conviction. This costs you your license for four years, with no limited privilege. - If you choose to take the test, you have the right to a 30-minute delay in order to have a witness of your choice there during the test. If possible, you should exercise this right, since this per son may be able to provide valuable testimony about how the test was ad ministered and how you acted. Choose someone who will make a good witness in court. After the test (or. your refusal), you will be brought before the local magistrate who sets bond and a court date. Make sure the magistrate knows your background and that you intend to return to court to face the charges. Ask to be released on your own recognizance or an unsecured appearance bond. If the magistrate sets a secured bond that you cannot afford, call a local bail bond sman. They are generally available 24 hours a day and charge a fee equal to 15 percent of the amount of the bond.- How DUI cases are handled in court Many people who are arrested for first offense DUI simply plead guiny. Although the judge determines the sentence in each case individually, the typical punishment for a first offense is usually a fine of $100 to $200, court costs of $31, a suspended jail sentence, and a one-year loss of license. The judge, if asked, may grant a limited driving privilege which generally allows you to drive to school or work during the period of revocation. The judge cannot, however, do anything about the insurance points. The 450 per cent increase in insurance is automatic if you are convicted for driving under the influence. For this reason, and to avoid the revocation of your license, it is far preferable to plead guilty to the lesser of fense of careless and reckless" driving, if the district attorney is willing to plea bargain in your case. Although the criminal penalty' for this offense, is the same as for DUI, it does not cost you your license, and raises your insurance only 200 percent rather than 450 percent. Finally, of course, anyone charged with driving under the influence has an absolute right to plead not guilty and re quest a trial. This option should certainly be considered by anyone whose breathalyzer is below . 10, since that is the level at which the law presumes someone is "under the influence." Even if your breathalyzer results are above .10, however, there are a number of technical objections and defenses which can be made regarding the ad missability or accuracy of the breathalyzer results. Alternatively, the judge or jury may find you guilty of careless and reckless driving rather than DUI, thus saving your license and in surance points. Once again, however, the decision to request a trial rather than plea-bargain or plead guilty is one on which an attorney's advice should be sought. David Rudolf and Donald Beskind are attorneys practicing in Durham with the firm of Beskind and Rudolf. Both teach at the UNC Law School. i mv aoiuc. iiicn t liiuvcu IU U1C OUUUi and met them face to face for myself. Bus it Onlv took a few dav in MnrtVi Pnrrrfi'n J to realize that my northern friends hac falsely stereotyped all Southerners becaus of one or two bad encounters. I experi enced consideration, helpfulness and in-f telligence with almost every acquaintance As I became more friendly with my new! companions and neighbors, I heard the same from them as I had heard from my northern associates, "All the Northerners are ill-tempered, ill-mannered and darnr! Yankees." Last week I read an article, "Pittsburgh America's city of steel lacks luster" (DTH, Sept. 16), that reflected the sam stereotyping and generalizing that I havi experienced on numerous occasions. Thi column described a group of students' ex penences m Pittsburgh before, during am alter the Pitt-Carolina game. Althou: Ken Mingis, the writer, states that th phrase "Damn Yankees rarely holds true," he generalizes that all the Pittsburi fans were unruly and violent. I know th writer was reflecting on his experiences an I'm sure everything he wrote about dii happen, but I was at the game as well and didn't experience anything like his frien and he did. On the evening of the same, my sister Rowena, my fellow Tar Heel, Yvonne and proudly put on our Carolina sweaters an headed for Three Rivers Stadium. On th way, I stopped at a store for some film am was greeted with friendly inquiries am i .i . . preuicuons aoout tne evenine & comin w ' """' uuvull Ulv JCUiii lot of the stadium, we were addressed with! the expected, "You came a long way just to see your team lose" or "Go back tel North Carolina where you belong." Once? in the stadium, we finally found our seats (which turned out to be the very first row of Carolina fans). Everyone in front of us! was from Pitt University or the surround-l ing area. Yes, they screamed obscenities at' lie hut tViPV silcri rrrrmprApi nc rn netting' on the scoreboard first. If anyone was ex posed and vulnerable to Pitt fans, wi were, but we never experienced anythin unusually cruel. Finally, on the way out ot the parking lot, some Pitt fans even stop- ped traffic to help us get out, even though we had a Carolina sticker on our back win dow. The goal of this letter is to point ou that everv town, everv state and everv are; - - - - j 1 of the country has its good and bad at-l tributes. Just as Mingis experienced thtf bad, I experienced the good. Generalizing - and stereotyping is always unfair and although I love the South and will pro bably never return to the North, I wil i i i aiways rememoer tne goou experience and good friends I have collected there. Kachcl Nugent; A-18 Carolina Apt

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