The Gazette 1972

U.S. Death Penalty Ruled Cruel By ALAN OSBORN in Washington

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 44 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. 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 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. ARGUMENT REJECTED Liability of reporters

THE United States Supreme Court by a majority of five to four, held recently that the death penalty as carried out in America is 44 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.

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

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 30 miles— F. P. Johnston (11), 36 points.

Best 1st Nine— F. X. 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. 213