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The Daily Tar HeelFriday, March 18, 19883
Veto power n. key ou nou uoeuteoant governor race
By KYLE HUDSON
Giving N.C.'s governor veto power
and implementing a system of merit
pay for teachers emerged this week
as top issues in the race for lieutenant
At a press conference Wednesday,
Republican candidate Jim Gardner
announced a march on the Legislative
Building this summer to demand veto
power for the governor.
Martin Richmond, political coor
dinator for Gardner's campaign, said
the march will definitely occur,
although no time has been scheduled.
"We're not doing this for political
reasons," Richmond said. "Jim
Gardner has been all around the state,
and everyone wants the veto for the
North Carolina is the only state in
which the governor has no veto.
Democratic candidate Parks
Helms agrees with a veto but dis
agrees with the idea of a march, said
Kim Caldwell, Helms' assistant
campaign director. Helms sees a
march as a useless gimmick, she said.
Republican candidate Wendell
Sawyer favors the veto. However, he
thinks it will take more than a march
to change the minds of legislators.
"Gardner's march is simply grand
standing," Sawyer said. "It's a cute
idea, but it won't have any impact."
Candidate Harold Hardison, a
Democratic senator for the past 16
years, opposes giving veto power to
Mike Mann, Hardison's campaign
director, said Hardison thinks the
governor's powers of appointment
and his role in drafting the budget
already give the governor "more than
Tony Rand, a Democratic senator
from Fayetteville, would call for more
study and evaluation before support
ing the veto.
Helms also announced his push for
an expansion of the "career ladder"
program of merit pay for educators
to every school district in the state.
Such programs have been in place on
an experimental basis in 16 school
districts since 1984.
Helms, who represented Charlotte
in the House from 1974 to 1984,
strongly supports the establishment
of a career ladder of merit pay for
public school teachers by 1990.
He is not merely following Martin's
lead on the career ladder issue,
"(Helms) was an active supporter
of merit pay when he was in the
House, before Jim Martin was gov
ernor," she said.
Gardner said a career ladder
program for teachers is a good idea,
but Helms is trying to expand the
pilot programs too quickly.
"I think we should continue the
pilot programs," he said, " There are
some flaws in the programs now
too many gray areas in the grading
system for teachers."
Hardison opposes expanding the
career ladder program at this time,
and Rand is calling for further study
Rand has a strong record on
education and has been endorsed by
the North Carolina Association of
Educators, press secretary Barlow
"If you're talking to someone who
can't read or write, that's a hell of
a lot more important to him than the
veto," Herget said.
Sawyer does support the idea of
merit pay in some form, he said, but
he fears a system that would allow
teachers to gain rewards they don't
"It's hard to implement a fair
system of merit pay," he said. "We
want a system that will reward the
best teachers, not the best apple
The three other candidates for
lieutenant governor, Bill Boyd, a
Republican representative from
Asheboro, and Democrats Frank
Jordan of Rockingham and Robert
Hannon of Greensboro were unavail
able for comment.
Judge says evidence admission roles oof air
By CARRIE DOVE
American courts are overinterpret
ing the Constitution to exclude
evidence obtained in an illegal search,
but the situation has improved. Judge
David Sentelle of the D.C. Circuit
Court of Appeals told about 25
students at the law school Thursday.
"The basic flaw of the (exclusion
of evidence) rule is that it has been
applied as if it were constitutional
law, but the Constitution does not
require it," said Sentelle, a former
UNC undergraduate and law student.
The rule cannot be implemented
simply because judges say it's morally
right, Sentelle said in "Judicial
Destruction of Evidence."
"Lynch mobs and vigilantes think
they are right, too," he said. "An
individual does not have the power
to become a framer of the Consti
tution by putting on robes."
When evidence acquired without a
search warrant cannot be used in
court, the innocent are penalized. "1
am disturbed that the courts can
apply something that properly
doesn't have constitutional force,"
Sentelle, who replaced Judge
Antonin Scalia on the D.C. Circuit
Court after Scalia was confirmed to
the Supreme Court, also said com
mon law does not exclude evidence
on the basis of faulty procedure, as
And the exclusionary rule does, not
act as a deterrent to illegal searches,
so it is ironic that those who support
this theory often oppose capital
punishment, he said. "It is inconsist
ent to say that loss of life cannot deter
one act, but loss of evidence can deter
The price paid for an illegal search
is too high to balance the loss of the
evidence, Sentelle said.
"The guilty are the primary bene
ficiaries, and the balance of the forfeit
that is made for the mistake simply
doesn't exist," he said.
The Miranda decision mandated
that police officers read suspects their
rights before questioning them, but
the Constitution does not require this,
These rules don't function practi
cally, Sentelle said.
"As judges get higher and higher
(in the court system), there is less
contact with the real world," he said.
But, he said, "We are making great
steps toward sanity."
As an example, he cited a 1984
Supreme Court decision that evi
dence gathered in an illegal search
may be used against someone other
than the person searched.
And the judiciary is swinging back
to constitutional conservatism, he
said. "The foundation is laid for a
Fourth Amendment jurisprudence in
which it will be recognized that the
Constitution does not contain what
judges think it should contain."
Sentelle said his conservative views
were unpopular in the 1970s.
"We touched bottom in the early
1970s, and the change has been for
the better," he said.
Speaker addresses rape, assault prevention
By LACY CHURCHILL
Having accurate information
about sexual assault and accurate
information about ourselves are two
important measures of self
protection, Tina Groover of the
Orange County Rape Crisis Center
told about a dozen students in the
Student Union Thursday.
The discussion was part of Wom
en's Awareness Week, sponsored by
the Campus Women's Network.
Fifty percent of all rapes are date
acquaintance rapes, and about 85
percent of reported rapes at UNC are
date rapes. Groover said.
She added that rape is the most
frequently committed violent crime in
the United States and the least
reported. There are several ways of protect
ing yourself, Groover said. Being
aware of your environment and
thinking ahead about the choices you
might make if confronted with an
assault are two of the most important,
Women must reject the "paralyzing
victim mentality" that there isn't
much they can do, Groover said.
There are three measures a woman
can take: precaution, avoidance and
Precautionary methods should be
employed before an actual assault
occurs. Remembering to lock doors,
having emergency numbers posted
next to the phone and avoiding
isolated areas are a few steps Groover
Avoiding an assault includes
common-sense methods, like going
into a public place and running, she
This is important, Groover said,
because often people think they may
be threatened but are afraid of
Resistance methods are steps a
woman can take once she is threa
tened. Physical force is an option, but
women must know their capabilities,
Groover said. Women are also better
negotiators than men, and can some
times talk their way out of a poten
tially dangerous situation, she said.
Groover said that creating a scene
is also a good self-protective measure.
"The more you interfere with his plan,
the better chance you have of getting
away," she said.
If the assailant has a weapon,
giving in may ultimately save a
woman's life, but she should not feel
as if she has "allowed" herself to be
Knowing one's own sense of intui
tion is especially important, but many
people don't trust their intuition,
"If you have a gut feeling, go with
it," she said.
She also emphasized self-esteem.
"Personal characteristics are different
in each person," she said. "We have
to know what we're willing to do to
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WE'RE FIGHTING FOR
face narking crunch
By BARBARA LINN
Considering the influx of about
12,000 basketball fans to Chapel
Hill on a routine day, there were
no major transportation or park
ing problems, parking officials
The biggest problems were
visitors who assumed parking
would be available on campus and
fans parking in the hospital park
ing deck, said Mary Clayton,
director of parking and transpor
Officials told fans that parking
was not available on campus and
sent them to shuttle parking lots,
Clayton said. Hospital patrons
were also sent to other parking lots
and bused, she said.
"The worst time of the day was
between 1 1 (a.m.) and 1 (p.m.),"
Clayton said. "It was much more
orderly than the Olympic festivals
"We tried to eliminate the
demand for public parking on
campus by placing guards in the
parking lots and offering a local
and regional shuttle service."
Clayton said parking officials
had not gotten many complaints
from faculty, staff and students.
The majority of complaints came
from hospital patients and visitors
or students who usually park in
public lots because they don't have
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