The Gazette 1972

U.S. Death Penalty Ruled Cruel

By ALAN OSBORN in Washington

THE United States Supreme Court by a majority of five

to four, held recently that the death penalty as carried

out in America is

cruel and unusual punishment " and

therefore illegal under the country's Constitution.

The long-awaited decision will spare for the moment

the lives of 600 men in death cells throughout America.

But becausc of the ambiguity of the 11 separate opinions

issued in the ruling, it was unclear whether the court's

decision would banish the electric chair permanently.

The Supreme Court Chief Justice, Mr

War.en

Burger,

dissented

f.om

the majority decision, which he said had

left the future of capital punishment in the United S ales

" in an uncertain limbo."

Results 'unclear'

"Rather than providing a final and unambiguous

answer on the basic constitutional question, the collec-

tive impact of the majority's decision is to demand an

undetermined measure of change from the various State

legislatures and the Congress," he said.

All four of the Justices appointed by President

Nixon to the Supreme Court—Mr Warren. Mr Harry

Blackmun. Mr Lewis Powell and Mr William Rehn-

quisl—dissented from the ruling, which was delivered

in respect of three specific death sentences in Georgia

and Texas.

The narrowness of the ruling and the dissenting vote

cast by Justice Blackmun surprised legal observers in

Washington. Mr Blackmun has written extensively

against the death penalty in the past.

He said that he bowed to no-one " in the depths of

my distaste, antipathy and indeed abhorrence " for the

death penalty, but concludcd that " the court has over-

steeped."

Written opinions

The court's actual ruling on capital punishment came

in the form of a brief unsigned opinion without com-

ment or interpretation. The five majority justices all

isscud extensive written opinions giving a variety of

reasons for their attitude.

Two justices—Mr William Brennan and Mr Thurgood

Marshall—cited the eighth amendment to the constitu-

tion which bars "cruet and unusual " punishment, and

concludcd that this definition filled the death sentence

under all conceivable circumstances.

Justice William Douglas broadly agreed with this,

though he thought there could be some exceptions. But

he also concludcd that capital punishment was incom-

patible with the " equal protection " of the laws.

Justices Potter Stewart anr Byron White based their

objections more on the manner in which legal executions

were carried out. Mr Stewart said it was applied in a

"wanton" and "freakish" manner, and Mr White

said the penalty was applied so infrequently that it was

doubtful that it met

any existing need for retribution."

Chief Justice Burger said he believed that under the

ruling State legislatures were free to " carve out limited

exceptions to a general abolition of the penalty."

" The legislatures can and should make an assessment

of the dcte'rent influence of capital punishment, both

generally and as affecting the commission of specific

types of crime," he said.

ARGUMENT REJECTED

Liability of reporters

The United Slates Supreme Court recently gave its

ruling on the right of newspaper reporters to respect

"confidential sources."

The court found that the constitution did not protect

reporters from appearing before a grand jury and

answering questions. The issue had been fiercely argued

m the light of attempts by courts and the Justice

Department to demand access to reporters' notebooks

and cameras and to seek identification of secret news

sources.

The court rejected the argument that information

given reporters on a confidential basis could be withheld

f 'om criminal investigations under the freedom of press

and speech provisions.

The Guardian

Lodgments of Infant's Monies

Solicitors art reminded of their duty to ensure that no

loss will accrue to an infant through any unreasonable

delay in dealing with Orders of the Court as to lodg-

ment of infants' monies in Court and as to the

investment of same and of funds already in Court to the

credit of an infant.

When the Court makes such an Order the Solicitor

concerned should immediately bespeak same and attend

the Accountant with an attested copy of the Schedule

to the Order so that no undue delay will occur in

complying with the directions of the Court.

It is to be understood that in the absence of a satis-

tory explanation for such delay the Court may have

to consider the question of recoupment of the infant's

loss by the person responsible.

P. J. DUNPHY

Registrar

July 1972.

SOLICITORS GOLFING SOCIETY

PRESIDENTS PRIZE (MR. J. W. O'DONOVAN)

PRIZE AT DELGANY 23rd JUNE 1972

RESULTS

President's Prize—B.

Rigney (21), 38 points.

Runner-up—S. V. Crawford (11) 37 point s on 2nd nine.

Rymi Cup

—J. Finnegan (18), 37 points on last 6.

Runner-up—P. W. Kcogh (13), 37 points.

Best over

miles—

F. P. Johnston (11), 36 points.

Best 1st Nine—

Burke (12). 20 points on last 3.

Best 2nd Nine—

David Bell (18), 22 points.

Best Score by Lot—B.

O'Bricn-Kenney

(4).

37 points.

NEXT MEETING—

Captain's Prize (T. D. Shaw)

Mullingar, Saturday, 30th September, 1972.

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