The Battalion. (College Station, Tex.) 1893-current, November 12, 1993, Image 11

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Opinion
Friday, November 12,1993
The Battalion
Page 11
PRO
CON
Should Packwood he forced to
turn over his personal diaries ?
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ites. We
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P eople get ex
cited and an
gry when ma
jor public figures
tome under fire. A
terrific example of
hose emotions cur-
:ently entertains C-
iPAN viewers. On
tage is Sen. Bob
rhim n ol/ lck » oodof ° re -
hone call p/r’K
Let s Fend Off
Sexual Harassment
Charges From 29
Afferent Women."
The latest con-
roversy in Pack-
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ting "he
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HAAN
JAY
TONI
ROBBINS
GARRARD CLAY
Columnist
Assistant editor
ms
vood's case stems from his refusal to vol-
intarily comply with a Senate Ethics
Committee subpoena requesting a com-
)lete copy of his personal diaries.
Packwood earlier released a censored
lersion of the diary. That edited copy led
several investigators to conclude that Pack-
A’ood hoped to hide not only sexual ha-
assment, but also other illegal activity.
Debate raged in the Senate Chamber
iverone question: "Should the Senate
orce Packwood to give up the diaries?"
Apparently so. Senators voted 94-6 to en
force the committee's subpoena.
But why should he have to give up the
diaries? One reason justifies the step.
Packwood is a U.S. Senator and therefore
must account for any possible personal
actions that could damage the integrity of
that institution.
Furthermore, Packwood is not on trial
for these alleged incidents. The sexual ha
rassment laws applicable to Congress
took effect after bus alleged misconduct
occurred and have no bearing on the case.
The Senate takes the view that the Fifth
Amendment right to avoid self-incrimina
tion does not extend to its internal inves
tigations. One of the stated purposes in
seeking the diaries stems from the wide
spread belief that they are essential to
proving Packwood's guilt or innocence.
The inquiry's whole purpose centers
on the need to determine whether Pack-
svood behaved according to the standards
that Congress sets for its members. In a
worst-case scenario, violation of this code
could result in Packwood's expulsion
from the Senate.
Many people express concern that
these standards punish Congressmen
who have not committed actual crimes.
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The need to inform voters
of a public official with
those amoral habits justi
fies the Senate's no-holds-
barred tactics. The diaries
may hold key evidence that
could finally tell the truth
about the allegations.
However, these rules have countless
Points in favor of their use.
A U.S. Senator wields immense power
over this country. Most of the laws
passed in this country protect the rights
and privileges of all Americans.
Not many people would argue that a
man who feels free to forcibly kiss, hug
and feel up the women around him has a
v ery good conception of rights or privi-
loges. The need to inform voters of a pub
lic official with those amoral habits justi
fies the Senate's no-holds-barred tactics.
The diaries may hold key evidence
ihat could finally tell the truth about the
allegations against Packwood. Regardless
of general appearances, the Senate is not
stupid and would not take this step un
less convinced of its necessity.
Packwood is an elected government
official. He owes the Senate and his con
stituents full disclosure of any records of
tiis behavior.
ky Robbins is a junior English and political
science major
Children's bodies, adults' deeds
Society must have stricter laws for juvenile crime
JASON
SWEENEY
Columnist
O ne certainly
finds it diffi
cult to sum
mon much sympa
thy for a man ac
cused by no less
than 20 women of
making unwanted
sexual advances.
Nonetheless, sub
poenaing Sen. Bob
Packwood's diaries
is out of line, un
necessary and, at
the very least, dis
quieting for all
who value privacy.
It's important to
distinguish distaste for the man from the
separate issue of respecting a citizen's —
any citizen's — constitutional right to pri
vacy. Imagine for a moment if you will
the implications that this case could have.
If Packwood is forced to turn over his di
aries, then we all must abandon any illu
sions that there is in our possessions even
one item considered "untouchable" by ,
government investigators.
Packwood did initially comply with
the ethics committee's request for his di
aries by allowing his attorneys to deliver.
The committee has also re
quested additional material
on six women listed in the
diaries. Of the six, four have
no relation to the govern
ment or the inquiry. Yet, the
committee says it's not in
terested in private sex lives.
a censured version to committee staff un
der the understanding that the material
being used would be only that relevant to
the current inquiry.
Then, while reviewing thousands of
pages, a staff lawyer spotted entries that
could possibly indicate an unrelated crim
inal violation. At this point, Packwood's
lawyers refused to hand over any more of
the diaries, and the matter is now set to
go to a U.S. District Court.
So, what's the problem? Why not let
the ol' so-and-so be hung out to dry?
The Senate Ethics Committee is granti
ng itself the power to have access to "all
diaries, journals, or other documents or
material" in Packwood's possession that
describe his activities from 1989 to the
present. Yikes. Let's hope Packwood
didn't go 40 in a school zone on Oct. 3,
1990.
What are the limits of government's
power? Is there absolutely no concern
over Packwood's Fifth Amendment right
not to incriminate himself?
Furthermore, the contents of the di
aries extend far beyond the public and
personal life of Bob Packwood. The com
mittee has also requested additional mate
rial on six women listed in Packwood's
diaries. Of the six, four have no relation to
the government or the inquiry. Yet, the
committee says it's not interested in pri
vate sex lives. And despite a promise to
keep secret the diaries' contents, one news
story referencing the diaries has already
used information from "anonymous
sources."
Insisting that "there is no constitution
al privacy right" to cover Packwood's di
aries, the committee has issued a "whole
sale, dragnet subpoena" in the absence of
criminal charges. One might easily be led
to believe that the Senate views Bob Pack-
wood as the ideal scapegoat. His name is
already mud, so why should anyone care
if his diaries are taken?
Those who feel that way, must by all
rights also be willing to give up their own
diaries, their own papers, their own priva
cy. And for those of you who don't keep a
diary, you may be well advised not to start.
Toni Garrard Clay is a senior speech
communication major
I n recent years
violent crimes
perpetrated by
teenagers have
been on a mete
oric rise. Once re
garded as only the
”stuff" of a few
bad apples, crime
now has reached
an alarmingly
large number of
youths. In a
word, many chil
dren today are to
tally "un-child-
like."
Society's only
recourse is to pursue these young offend
ers as though they are adults.
Many examples illustrate this trend of
youths and violence. In England, two
11-year-olds are standing tnal for the
grisly murder of a 2-year-old infant
Said the pathologist who examined
James Bulger's body, "there are so many
injuries to the scalp and skull you could
not single out one particular blow ... (as)
the one that was fatal."
After bludgeoning the toddler with
bricks and lead pipes, the two boys laid
the body across a railroad track where it
later would be cut in half.
In Houston, a gang-related incident
ended in death wnen a youth was beaten
and then shot at a Halloween party. The
incident touched off a public war of
words among rival gangs, leading many
residents in the southwest Houston com
munity where the crime occurred to
brace for more violence. A suspect was
arrested and charged Nov. 7. He is 16
years old.
Last March in Bryan, a 15-year-old
stabbed to death a 16-year-old classmate
following a track meet at which an alter
cation had taken place. This incident
was believed to be linked to youth gangs
as well. After lengthy and controversial
trial proceedings, the youth was sen
tenced to 10 years suspended probation.
A great number of minors who com
mit crimes today overall display little re
spect for authority, and even less re
morse for their deeds. Most juvenile of
fenders are actually very aware of the
wrong they do. This is one area over
which there is much confusion on the
part of those who would be lenient with
youth offenders. The assumption is
made that a youth who commits a crime
must be a confused individual, that chil
dren are essentially unable to willfully
commit crime. This is plain naivete.
These characteristics of apathy to
wards the law and unapologetic, de
structive actions toward others are iden
tical to those found in adult criminals.
Sociopathic, morally corrupt behavior is
not reserved nor does it only begin in
those who have reached 18 years of age.
Any individual who would willfully and
sanely commit a crime is an unqualified
criminal. An 11-year-old who, under
standing the consequences of his actions,
plots the manner in which he will abduct
and murder someone is no different
from a 31-year-old who would do like
wise. Put in real-life terms, the two
British boys demonstrated the same dia
bolical methods that any older criminal
would. Age is irrelevant.
Criminal justice systems would do
well to consider the example set forth by
the Judeo-Christian tradition that says if
one is above the age of reason, he has the
capacity to commit sin. No age is ever
set forth in this - it is a given that young
and old alike possess this capacity to sin.
Fortunately, there are those in Con
gress who are beginning to understand
this idea that children can be criminals,
too. On Nov. 5, the Senate voted 64 to 23
in favor of an amendment to its omnibus
crime bill that would consider minors
down to the age of 13 as adults should
they commit a serious crime using a
firearm. "Serious crimes"include mur
der, attempted murder, armed robbery
with a gun, aggravated assault with a
gun, and finally aggravated sexual as
sault with a gun.
Senator Carol Moseley-Braun, who
sponsored the amendment, argued that
minors now can commit many crimes
only to have each offense expunged and
essentially forgotten.
"If you have someone who has com
mitted murder at 13, rape at 14, and a
drive-by shooting at 15, they should not
be able to wipe the slate clean," said the
Illinois senator.
Recidivism among youth offenders is
ridiculous. The reason for this is that un
der current statutes, youth are not being
adequately punished, and as a result are
simply not learning their lesson.
The logical conclusion must be to
change the conventions of the law
whereby all defendants in criminal cases
are considered not only innocent before
proven guilty, but also responsible
adults before proven naive youths. If a
trial can demonstrate a young defen
dant s sanity, culpability and under
standing of the offense, that individual
must be punished in a manner no differ
ent from an adult.
Jason Sweeney is a senior political science
major
Too many new toys
Have you ever no* iced that when a
kid gets a new toy he/she forgets the
old one? I think this is the case with our
own bus operations. I find that they
spend money on items which become
"dust collectors" within a year.
Let me give you an example. Have
you noticed the colorful electronic sign
boards on the buses-there to notify stu
dents? Now for those on off-campus
routes-Do you notice those nice new
pass scanners? Well, I have and they
don;t seem to be using the sign boards
now that they have the scanners. Why
just this morning the sign on unit 72
stated "Bus passes will be required start
ing Sept. 2nd." Just two and a half
months old. And what about the scan
ners? What is the purpose of them?
It can't be to find invalid/ stolen pass
es because too often when someone sets
off the scanner those rapid beeps for one
pass the driver just does nothing. Person
ally I think Bus Operations should quit
wasting money on toys and should lower
the bus pass fee accordingly.
Jason M. Adams
Class of '94
Don't sleep in MSC
As a former student of the Class of
'41 and as an ex-corps member, I wish to
protest students sleeping in the MSC.
As I understand, the MSC is dedicated
as a memorial to Aggies who made the
supreme sacrifice. I think these former
Aggies would and I hope some present
Aggie will join in protest against such
"sloppiness."
If these students don't have a bed,
why couldn't the Former Students Asso
ciation put up tents (go back to the old
tent city) and cots for the "sleepy heads."
Ted E. Franklin, DVM (Ret.)
Class of '41
Bryan
'Cut' cuts sack time
I used to be infuriated by the blatant
display of disrespect that Bonfire partici
pants had for dormitory residents who
chose not to partake in the chopping
down of trees on the weekend. Every Sat
urday and Sunday morning in my dormi
tory, someone would wake me up by
banging on the doors and yelling obnox
iously.
This was a rude awakening for me as
I wanted to "sleep in." In fact, it once be
came so disrupting that a resident
wielding a lacrosse stick tried to put an
end to the baloney single-handedly. But
you can't fight fire with fire, so I have to
learn to adapt to this blasphemy.
Instead of rolling over in disgust on
those cutting mornings, I get out of bed. I
wait for the banging to cease and the Bon
fire people to leave. Then, after using the
restroom, I turn on the television.
You wouldn't expect any quality tele
vision programs this early, but you're
wrong. Too old for cartoons? NBA In
side Stuff and paid programming adver
tisements are just a few alternatives to
animation. Saturday morning television
offers something for everyone.
On Sunday mornings I read a good
book or study until church. But on each
day, I sneak a catnap to supplement the
sleep I missed in the morning.
Matthew T. Krueger
Class of '94
Accompanied by nine signatures
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