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27 Panel 1 (1958)

handle is hein.journals/panelmbu27 and id is 1 raw text is: 7[HE PANE~L To Increase the effectiveness of the Grand jury System PUBLISHED BY GRAND JURY ASSOCIATION NEW YORK COUNTY FUND CORPORAT IN VOL. 27 JUNE, 1958 NO.1 Jail Over-Crowding Is Target of New Parole Law Grand Jury Presentment Spurred Action The 1958 Legislature's passage of a bill to make parole jumping a crime was a victory for the New York County District Attorney's office, the Grand Jury Association and all others interested in elimi- nating the evils of the bail bond system. Enactment of the bill should be especially gratifying to the Third February 1954 Grand Jury which sat for nearly three years in its in- quiry into the bail bond system. This Grand Jury handed down eleven indictments against nine persons for bail bond violations (seven bondsmen and two law- yers). Seven of the nine defend- ants, including five bondsmen. have since been convicted and the convicted bondsmen have had their licenses revoked. Then, the Grand Jury handed up a Presentment suggesting many vital reforms. One of the most important recommendations urged legislative action to make failure to appear for trial after parole on a pending charge a crime. This legislation has been enacted into law and is now Chap- ter 692 of the Laws of 1958. It has nothing to do with parole violation by those released from prison but concerns only parole jumping by defendants facing pending charges. Relieve Overcrowding It is expected that the new law will encourage both courts and prose- cutors, consistent with the security of the community, to imake better use of parole: relieve defendants of the economic burden of bail, and also serve to alleviate the over- crowding in detention facilities which, at the present time, appears to be one of the major problems (Continued on page 6) Association Salutes Kennedy For Re-Defining Police Role In 1957 a major crime was committed every 11.3 seconds. According to F.B.I. Director J. Edgar Hoover major crimes increased 23.9 percent over 1956 to the staggering total of 2,796,400. Like the rest of the nation New York City is greatly distressed about its Youth Problem. During the past five years ar- rests of youths from sixteen to twenty years of age rose from 10,773 to 15,317 or 42 per cent. It is small wonder, there- fore, that Police Commissioner Stephen P. Kennedy recently felt impelled to again strongly emphasize to his police force the prime and absolute function of ion. Stephen P. Kennedy police enforcement: The prevention and detection of crime and the arrest of criminals. It is your job to see to it that the law of the jungle is not per- mitted to gain ascendancy here, he told a group of cops recently, There is a fundamental principle of democratic government in- volved-no segment of law breakers shall be permitted to deprive (Continued on page 3) Association Joins in Study Of Narcotic Problem Control of the scourge of narcotics addiction-it is estimated there are at least 60,000 addicts in this country-is stimulating much discussion, investigation and many ideas on better ways to battle the evil, Inasmuch as it is generally agreed drug addiction is a disease found in the relatively young, an amazing piece of legislation was enacted by Congress last year. It made the sale of Narcotics to minors a crime punishable by death. However, even this drastic measure has not diminished the traffic. Police Commissioner Kennedy recently stated: The drug problem is one that under- mines the very fabric of our life. The narcotics dealer is the worst type of criminal we have today. Every day, every week of the year the district attorney, the police, the grand jury are struck by the attitude of despair of everyone who tries to deal with the problem. It has been estimated that the Grand Juries of New York County devote one morning each week exclusively to narcotic cases. The narcotics habit at the present time, according to the Department of Correction, is supplying the Women's House of Detention and Rikers Island Penitentiary with one-third of their population. Spurred by its members and particularly by a formal request (Continued on page 2) Legalized Wiretapping For Crime Detection Is Urged By: Cornelius fl' Wickersham Counsel to the Association The present controversy over wiretapping was brought to a head by the United States Supreme Court decision in December 1957 (Benanti v. United States) in ef- feet striking down state laws sanc- tioning wiretapping by law en- forcement officers under court order. The racketeer is now freed of this restraint, and law enforce- ment officials are thwarted. Any successful program de- signed to reinstitute legalized wiretapping must begin in final analysis with telling the public why telephone interception of racketeering activities under judi- cial restraint is needed to protect society from the increasing effi- ciency of organized crime. The basic issue is between civil rights and the need for effective law enforcement. Unfortunately, the civil rights side of the case (who wants to be overheard on the telephone by a third party?) has been well emphasized, but the law enforcement picture has been ill presented. Arguments Today in the United States there is a natural resistance to laws permitting wiretapping. To date the American people have been quite easily convinced that such legislation would be an unwar- ranted encroachment on the pub- lic's right to communication. What, then, are the salient argu- ments in support of the case for legalized wiretapping to combat felonious and organized crime? 1. Kidnapping, espionage, ex- tortion, organized crime and rack- eteering are dirty business, and controlled wiretapping by court order is a proved and effective (Continued on page 5)

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