European Stars And Stripes (Newspaper) - February 18, 1981, Darmstadt, Hesse                                Page 12 the stars and stripes Linda greenhouse february 1981 burgers speech to Aba brings Quick response i Chiei Justice Warren Burger intended to touch off a vigorous debate by calling for a renewed War on he succeeded almost barely an hour after the chief Justice finished his speech to the american bar association Bruce the National Legal director of the american civil liberties appeared in the conventions press room with a strongly worded critique of burgers proposals for limiting multiple appeals by convicted prisoners and for tightening the standards for release on bail before the chief Justice was offering a Simplis Short term solution to crime in Ameri Ennis but it will not in the Long run create respect for much of burgers audience was More re the lawyers interrupted him with applause eight one of the applause lines was his observation that increased expenditures in the fight against crime were As much a part of our National defense As the budget of the it was far from the first time in his 12 years on the supreme court that Burger has used his office As a bully to go beyond the confines of judicial opinions and try to rally Public in the How wer think t with Sec fear criminals Don mind Robert Lindsey courtroom to Doest affect Justice Iive years after reporters cameras and tap recorders began appearing in courtrooms throughout the lawyers Are still debating whether their presence affects the Legal but there appears to be a growing consensus among judges and prosecutors that the Legal process is not after two or three everybody in the courtroom forgets the cameras and the mikes Are said Seymour a Dade county circuit court judge in Flor where televising of trials has been permitted since july the cameras dont make you if you legally on your Best on the other Many defense lawyers continue to protest that their clients rights to a fair trial arc undermined by the Cam eras and the they con merely by their add a dimension to the trial process that influences judges and de on the United states supreme court upheld the right of states to allow television news cameras in in an 8too it ruled that the presence of cameras did not automatically violate a defendants constitutional right to a fair Tri even when the defendant had objected to the according to Law schol ars and others who were the courts which also sanctions still photography and Audi recording in is Likely to add impetus to a recent tendency by Many state courts and Legislatures to allow cameras in some degree of television coverage is permitted in 27 states of 21 allow television coverage of criminal trials 10 of the require a defendants consent to do which is rarely in an action that reflected the influence of the supreme courts the Cali fornia judicial which has been conducting a yearlong Experiment to Mea sure the Impact of cameras in voted to eliminate a provision that had required the defendants approval before a trial could be in campaigning for the courts approval to photograph broadcasters con tended that smaller using faster film that did not require artificial would no longer disrupt court pro they argued that they were entitled to the same constitutionally protected Access to Public trials that was allowed newspaper Ive yet to see How they detract from the administration of said Franklin county common pleas judge Tom Thomp son in where cameras have been Al Lowed in courtrooms since june John a lawyer As president of the Ohio state bar fought to keep cameras out of the its worked better than we most states that now permit cameras in courtrooms impose restrictions to minimize interference with court processes for permit just one camera in the court and forbid artificial general even in the states where defendants can not prevent televising of their judges Are Given discretion to prevent photo graphing of certain elements in the such As testimony by rape under cover investigators or other witnesses whose appearance on television might endanger cases involving Trade secrets or family including divorce and child custody Are excluded from the television exposes real life court said Mike the Montana attorney he said that he had been pleasantly surprised to learn that television coverage of trials helped the Public to understand the Justice Perry Mason was Good for Greely but lawyers and prosecutors have unusual which never came up in the to coverage is a terrific educational Frederic a state circuit judge in where the state supreme court lifted a prohibition on cameras and recorders in courtrooms in said he Felt that they served a positive Good because it opens the mystery of the courtroom to the Public and that increases citizens Confidence in the effectiveness of the court sys j in a View that was shared by a num Ber of other judges who were he said that broadcasters had failed to use their new rights often showing just bits and pieces of prominent criminal Tri James Shellow of a past president of the National association of criminal defense asserted that the supreme courts decision would have a tragic effect if it was interpreted Asen Cour gement to open More courts to television witnesses will be playing to a television audience rather than communicating with Shellow and judges who must run for election will use the courtroom As a forum to convince the its easier for judges and District attorneys to be elected if the Community views them As be ing hard on few votes Are obtained by a scrupulous Protection of constitutional c the new York times his Public has been largely limited to the Legal the speech was a significant departure for the chief and there was Little doubt that it was a calculated the image he Drew of an impotent undergoing a reign of terror and held hostage to was startling rhetoric for any National figure to let alone a chief but it is far from Clear what the result of renewed debate about crime and punish ment will be or what further role the supreme court is Likely to Well before the chief justices speech there were indications after an absence of several the Law and order Issue was again becoming an object of Legal and political William French the new attorney announced at his Senate confirmation hearing that Vio Lent crime would once again be a top priority of the Justice in contrast to the Carter administrations focus on com Mercial and White Collar in some the present court has strengthened the doctrines on coerced con self incrimination and the right to counsel that were the Hallmarks of the court under chief Justice Earl Burger has frequently disavowed any interest in overruling the Miranda which de fines the rights of suspects in police those opinions no longer appear to be the major cause of crime that critics of the 1960s assumed them to the subject that Burger focused the ability of prisoners to file successive appeals challenging multiple aspects of their arrest and is one of the few areas in which the supreme court has changed the Law to any significant a person who has been convicted of a crime in a state or Federal court and whose conviction has been upheld on Appeal now has further opportunities to return to Feder Al court to Challenge specific aspects of the indictment and most of this so called collateral review takes the form of petitions for a writ of Hareas the ancient common Law method of obtaining release from a prison sentence imposed without saying that the Lack of finality under this system encourages prisoners to continue warfare with Burger said that collateral review should be limited to genuine claims of miscarriage of in other to questions of guilt or inno of whether the prosecution got the wrong rather than on whether the search warrant was based on an improperly prepared five years in the Case of Stone the court ruled that a state prisoner was not entitled to seek a writ of Hareas Corpus in Federal court to Challenge an unconstitutional search when he had a full Opportunity to Challenge the search in state while Stone Powell placed a new limitation on Access to Federal it clearly did not accomplish All that the chief Justice had in not Only has the court yet to limit Hareas Corpus to miscarriage of jus Tice claims it also has not yet extended the doctrine of Stone Powell from the search and seizure area to other constitutional such As Miranda violations or denial of the assistance of these challenges can still be raised in Federal whether prisoners whose Hareas Corpus petitions Are foreclosed by Stone Powell Are any More at peace with their Fate than those whose petitions still have a Chance is not a subject that has received much expert the Agenda the chief Justice Laid before the bar association was and others will now take up the familiar cry for Safe streets and if recent history is any that goal will remain elusive to c new York times the opinions expressed in the columns and 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