PAGE TWO
—SECTION TWO
SENATOR
SAM ERVIN
* SAYS *
V
WASHINGTON The Sen
ate Subcommittee on Crimi
nal Laws and Procedures, of
which I am a member, open
ed hearings last week on
measures to combat rising
crime rates in the United
States.
Six< pending bills seek to
strengthen efforts to curb
lawlessness. No problem
more critically demands at
tention and action. The fear
of crime has become the add
ed burden of modern Ameri
cans.
One of the six measures
under Committee considera
tion is S. 2578, which I have
cosponsored. It would change
the so-called “Mallory rule”.
Under the “Mallory rule”, a
voluntary and otherwise ad
missible confession must be
excluded in federal courts if
it was obtained during a pe
riod of “unnecessary delay”
in taking the arrested person
before a commissioner or
judge in violation of Rule
s(a) of the Federal Rules of
Criminal Procedures. Prior
to the Mallory rule, the sole
test of admissibility of a con
fession was whether it was
made voluntary, and delay in
presentment was only one of
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many factors which the
courts considered on the is
sue of voluntariness. Under
the former rule, mere delay
alone was not enough to in
validate a confession.
I have consistently main
tained and I am still con
vinced of it that effective
| law enforcement in the Dis
j Irict of Columbia and the
j other Federal districts will be
j severely hampered until leg
j islationj such as S. 2578 is
j enacted and the “Mallory
rule” ils abandoned,
j The' experience of the
j "Mallory rule” is that self
i confessed murderers and rap-
I ists are turned back on inno
| cent society merely because
! of the often-inadvertent fail
ure of police officers to take
suspects before a judge
i without unnecessary delay.
This visits penalties on the
I public rather than -on the
| guilty official.
To compound the injustice,
the Circuit Court of Appeals
for the District of Columbia
has. interpreted the express
ion “without unnecessary de
lay” to mean, in effect, no
delay at all. This means that
in the District of Columbia
it is virtually impossible for
Eye Checkup Aid To Safety
“The recommendation of
eye -doctors for an eve check
up at least every two years
is more than advertising,”
Ralph Howland, newly ap
pointed safety commissioner
for the Department of Motor
Vehicles, said this week.
Howland said the import
ance of good seeing cannot
be over-emphasized when
practically every action a
driver takes is based upon
what he sees.
He went on to say that a
person’s vision changes con
stantly.
“Some changes are tem
porary, caused by fatigue,
excessive smoking, maybe
even a cold or hay fever.
But of greater importance are
the subtle changes that occur
with the passage of time.
Visual acuity, night vision
and glare recovery all de
teriorate 'with age. Many
eye . disorders can develop
which, if neglected, may
prove serious,” Howland said,
“periodic examinations, like
doctors recommend, can de
tect these conditions in time
for them to btf corrected in
most eases. And that means
safer drivers.”
Howland said that eye spe
cialists had listed the fol
lowing good vision factors
and their importance to safe
driving as:
1. Visual Acuity.—Best de
fined as “see-ability,” the
basic ability to see and dis
tinguish objects.
2. Form Field of Vision-
The ability to see objects out
to the side while looking
arresting officers to interro- '
gate a suspect at all with I
any assurance that resultant i
confessions will be acceptable |
in court. The situation in !
the District of Columbia, and j
to a lesser extent in other j
Federal court districts, do- ;
mands that the “Mallory I
rule” be changed by legisla
tion.
The manner in which a so
ciety administers criminal
justice measures the value it
places on the liberty and
dignity of the individual.
But it also is a test of so
ciety’s ability to safeguard
the community from those
who break the law. The in
dividual has fared well in
our federal courts. The
rights of defendants have
been safeguarded to the ut
most. It is equally as im
portant that victims of crime
and potential victims of
crime receive protection.
Congress ought to recognize
this and remedy the situa
tion by appropriate action.
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THE CHOWAN HBBALDi EtVBNTON, NORTH CAROLINA* THURSDAY, MARCH 31, IW6.
straight ahead. This is what
enables the driver to see
ha/ards off to one side.
3. Binocular Vision The
ability of both eyes to work
together as a team. The fail
ure of the eyes to work to
gether, due to muscular de
ficiencies, results in undue
eyestrain and distorted vis
ion.
4. Depth Perception The
ability to judge the position
of objects in space', the rela
tionship and distance be
tween them and their rela
tion to the viewer. It is im
portant in judging following
distance, safe passing space
and clearances when driving.
5. Color Perception The
ability to recognize and dis
tinguish between red, green
and yellow.
6. Night Vision and Glare
Recovery—The ability to see
in dim light and to quickly
regain normal night vision
after looking at a bright
light is important to safe
night driving.
l
Scramble down to Mitchener’s
Pharmacy’s for your Easter bas
kets. We have chocolate eyys,
Easter candies, and toys.
DIAL 482-3711 EDENTON. N. C
Oberlin Choir
Ready For T»iir
OBERLIN, Ohio Joann
Leary of .Edenton is a mem
ber of the Oberlin College
Choir that will make its an
nual spring concert tour
April 1-10, going this year to
five eastern states
Its conductor is Robert
Fountain, who has led the
67-member ensemble since
1948.
Each year Fountain audi
tions more than 250 candi
dates from Oberlin’s two un
dergraduate
Miss Leary, daughter of
Mr. and Mrs. R. West Leary,
108 Virginia Road, Edenton,
is a conservatory junior, ma
joring in music education.
PALM SUNDAY SERVICE
/
The Tharrington Club of
A. M. E. Zion
Church will present a Palm
Sunday program Sunday,
afternoon, April 3 at 5
o’clock. The public is in
vited.
Human Element Safety Factor
A newly appointed safety |
official for the Motor Ve- j
hides Department has - dis
covered that, probably human
failure overshadows all other
factors in producing highway
accidents.
Assistant Commissioner for
Highway Safety Ralph L.
Howland, a farmer indiistrv
safety director, said this
week that enjoyment, effici
ency and safety on the
streets and highways depend
Upon the driver.
“We know that a driver’s
intelligence, sense of respon
*
I i ■ ' Wp-cy WVj.v
i
I
1 1 ' ' '
A
M V:
I
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v (
I ; 1
v ' • . ’WW v‘ V
| sibility and reaction under I
| stress affect his performance.
To these factors we must al
so add the state of his phy
sical health. A driver, like a
car, performs much better
when he is in first class con
dition.”
Howland warned all driv
ers that illness such as flu,
infections, upset stomach,
fever and allergies can re
duce or even destroy one’s
ability to drive safely. Alert
ness may be decreased, clear-:
ness of vision reduced, judg
ment lessened and reaction
f T.' j 1 .
I time slowed.
“Worry, headache, indiges
tiori/’ a sore throat hr an
aching tooth can be dis
tractlng that thev can seri
ously affect driving ability
and contribute to mishaps,”
Howland said.
“No person who is serious
ly worried or in a state of
health which might distract
his mind from the important
task at hand should .drive.
To drive in today’s heavy
traffic -you must be hi, top
coqdtion physically and men
tally,” he said.