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1 George W. Bacon, Remarks 1

handle is hein.agopinions/rmrks0001 and id is 1 raw text is: R marks Prof. Goor ( VI. Bacon of Fordham University 1 Mr. Chairumn and. Gentlemuni: 3 First I dusire t-. state that Profl P. L. Gettys _f Temple 5 University Scho)l of Law hlis c;.perated with Prof. Ke(fo and 7 ,jys(lf of Fordham, Univursity School Af Law in pruparing thu ra- j port that we arc abut to submit and I am authorized by Prof. 11 Gettys to state that hu Joins -ith us in signing the report. 15 It is cur belief that the provisi ns relating to the WAiver 15 _f Rendition ProcetAdings shulc. be -tbodied in a statute rather 17 in the form of interstatu capacts. No d-.ubt if the statute 1J passes muster in wialc or in part the lgislature .f State X will 1 be gla. to adopt it ,n the thuory that it will make it casicr to z3 get rid if criminals and it will no L be concerned as to whthur 25 or not the dcuandinG stat has a liK, statute. 27 Coming no% to thu principi;s upon which the tentative draft 23 is base a let me say that the rportors will not bitterly ucefend 31 every provisisn~ cntaineu therein. Our goal has been to try to 33 foresec th; cuntinsencies that Light arise under waiver procedure 35 and to make provision a6uinst thLm. The more uxperiencod memburs 37 of the c-nfcronce, such as the pro.secuting fficers anu the po- 39 lice authorities can toll us whether or not such provisi.ns aro 41 nceidej., or whttner .:r not the contin`,cncy provice... for is so 43 remote as t, urnecessarily encuibcr the statute. 45 It is jur beli.f that the profassional criminal will never 47 waive extrauition unless h. may gain saec auvantage by doing s', 49 since it is the policy of such gentry to take advantage .f every 51 m..eans to delay justice. Therefore we have tric to fores:, how 53 -vwaiver pr.;visions may bu usua to thu advantage of the accused and 55 to have sought short circuit such efforts. On the other hand we 57 believu that the waiver provisi.ns sh uld not lend themselves to 53 abuse by over-zealous persons who s ck t- trick the casual and 61 uni±.purtant criminal who is really s.. ught for s..l.e private pur- 63 pose. 65 1. Thu first principle is that, with 'one exception, waiver 67 of extradition proceodings sh-ulI b:o had _nly upon a 69 written c-nsent subscribed by thL deuxanuud pors..n. Such

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