Page 4 College Station, Texas Thursday, August 25, 1966 THE BATTALION I «!| If!! si !;i I ai !|i; j 111! ; !’ Barron, Woody Differ On Code ‘Code Forced District Judge On Texas, 9 Claims DPS Estimates 41 Persons Will Die In Traffic Mishaps ■// # F DR. GRANT BOGUE District Judge John M. Barron of Bryan terms the new criminal code of Texas as impractical and overprotective for the criminal. “The new criminal code is not a product of the Texas Legisla ture,” he noted. “It was forced on Texas by a constitutional de cision of the U. S. Supreme Court.” Barron was the lead-off speak er Wednesday for the Police- Community Relations Institute at Texas A&M. “I believe the code is so tech nical in the fields of search, seiz ure, arrest and interrogation that very few police officers, judges and prosecutors are capable of efectively enforcing it,” the judge continued. “Delay and technicality are the order of the day now,” Barron continued. “We need to take a new look at criminal law in gen eral . . . we need to get down and search for truth.” Barron predicted state courts will have little jurisdiction left in 10 to 15 years. “Everything of any importance will be in federal courts,” he said. “And this is not good.” “Enforcement officers should do what the law says,’ Barron went on, “But they need to go as far as they can under law. You can’t handle criminals under the same rules as an athletic contest. The police must have some lati tude because of inherent nature of criminals. You have to fight fire with fire.” Barron urged police officers to respect the law and learn the hard rules. “There will be terrible revers als in the future if you don’t file warrans properly,” he explained. “All officers should be trained in ‘Live With Laws, 9 Attorney Says A noted defense attorney disa greed Wednesday with Bryan District Judge John M. Barron on the new Texas Criminal Code. “It has been suggested that the laws will be changed,” de clared Clyde Woody of Houston while speaking at the Police- Community Relations Institute at Texas A&M. “But it’s not true that they will be changed. You as lawmen must learn to live with them.” “Invariably, constitutional questions arise because of the failure of states to accept their responsibilities,” he continued. “I disagree with Judge Barron. I do not think that federal courts will usurp state courts.” Woody, who successfully de fended Candy Mossier and Caro lyn Lema, discussed arrests, con fessions and waivers. “It is not difficult to effect a legal arrest,” he said. “Neither is it difficult to effect a good af- fadavit. The thing to do is up grade law enforcement. It’s not an impossible situation. Addi tional responsibilities will lead your governments to give you money to hire better men.*’ Woody reminded officers that suspects of criminal acts have the right to remain silent, that they should be told anything they say may be used in evidence against them, and that they may have counsel present throughout interrogation. The attorney pointed out that such suspects must be taken forewith before a magistrate. ★ ★ ★ Code Furor Dates Back To 1776 The criminal code furor of in dividual rights vs. common secur ity is “a centuries old problem in American political thought”, a law educator said at the ninth Police-Comrminity Relations In stitute at Texas A&M. The disagreement began 190 years ago when the United States system of divided sovereignty government was written by fram ers of the constitution, declared University of Houston Law School Dean John Neibel. “It is assinine to assume that Constitution writers detailed an swers 190 years ago for problems faced by 50 states from the At lantic to mid-Pacific, 50 gover nors and 200 million people hav ing rockets, space and atomic weaponry and Interstate High ways,” he said in defending Su preme Court Bill of Rights deci sions. “It is the Court’s function to make laws and legislate, inter preting the vague, general docu ment called the Constitution,” Neibel added. “When they draw down specifics to apply to our problems, the Supreme Court judges make law that becomes a part of the Constitution.” Forewith apparently means di rectly from the place of arrest to a magistrate’s office. laws of search and seizure. All other evidence is apt to fail if these prerequisites are not car ried out properly.” “I’m proud of our police,’ Bar ron emphasized. “Remember this, 60 per cent of the people are be hind you, 20 per cent don’t care, and 20 per cent are against you.” Preston Dial, first assistant to District Attorney James Barlow of San Antonio, echoed many of Barron’s comments and cited dis crepancies between prosecution and defense in court. “The defense has an advantage over the prosecution,” Dial point ed out. “A defense attorney can obtain documents from the state’s files to aid in his client’s defense, but the prosecution does not have reciprocal rights.” Dial also proposed an amend ment to the law in sanity hear ings. “If a defendant is to interject insanity as an issue, he should be sent to a state hospital for observation,” Dial suggested. “And if he is found to be sane at the time of the offense, that ruling should stand. If he should be found to be insane at the time of the hearing, he should be placed in a maximum security mental institution until he can be tried.” Bogue Joins Ag College Dr. Grant Bogue, formerly of the University of Arkansas, has joined the Texas A&M Depart ment of Agricultural Economics and Sociology as an assistant professor. Dr. R. E. Patterson, A&M dean of agriculture, said the new staff member’s special teaching and research fields will be industrial and urban sociology with empha sis on implications to the rural AUSTIN—Col. Homer Garri son Jr., director of the Texas Department of Public Safety re ported that DPS estimates indi cate that 41 persons will die in traffic accidents during the three-day Labor Day weekend. “The current traffic trend in dicates that Texas is headed for its third straight record high in terms of fatal accidents,” Garri son said. “At the present time we are approximately 15 per cent ahead of the same time in 1965 . . . and we are still faced with the four months of the year which generally produce the most deaths.” “More people are killed in Texas each year in traffic than are killed in all the United States by murder and homicide,” Garri son continued, “and the deaths are just as senseless, as needless and as tragic, but not nearly as well publicized. “Psychologists say that one reason the general public fails to take positive action in matters of traffic safety is due to a lack of personal identification with the problem. It might behoove each driver in our state to stop and consider that he has less than a 50-50 chance to go through his driving career without being in volved in a traffic mishap, or without incurring injury to him self or one of his family. The 41 persons expected to die in traffic during the Labor Day holiday have no idea that they will be involved in an accident, either.” In an attempt to offset dan gers caused by the increased traffic on highways during the holiday period, the Department of Public Safety will conduct “Operation Motorcide.” About 150 uniformed officers from oth er DPS services will be on the road to supplement the Highway Patrol enforcement action. Als; to call public attention to higM way dangers, each traffic deatll will be tabulated and the totali| will be announced three tinif: daily from DPS headquarters i; Austin. Several other state agencid and organizations interested j traffic safety are cooperate with the DPS in calling attentk* to safe driving practices durirj the Labor Day weekend. The Texas Highway Depar, ment is advising the public i proper freeway driving habit and the need for caution in at: around construction areas. The Texas Safety Associate is carrying on a program sties, ing the need for courtesy ai: caution on the highway and t coordinating the effects of ft Texas Jaycees in sponsoring nj stops with free coffee for ft tigued drivers. Bogue received his BA degree in sociology from Michigan State University in 1950 and the MA degree in 1954. His doctorate in sociology came from Wayne State University in 1963. He has served as sociology in structor at Allegheny College, with the Detroit Commission on Children and Youth, and as as sistant professor of sociology at the University of Arkansas. 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