U.S. justice discussed

Press, Volume CXIII, Issue 33156, 21 February 1973, Page 18

U.S. justice discussed

“I pulled a mentallyretarded teen-aged girl out of gaol in Philadelphia after she had pleaded guilty to two murders she hadn’t committed.” Mr F. Lee Bailey said in Christchurch yesterday. Mr Bailey, the American lawyer who' successfully defended Captain Medina on a charge of murder in connection with the My Lai massacre. said a reporter had discovered that this girl had been in gaol in Florida at the time the murders were committed. She had been represented bv two lawvers at different times, who had not checked her storv and had simplv advised her to plead guilty to second-degree murder to avoid the risk of the death penalty.

This example of the short- p I comings of the American legal system was one of a ’ number given by Mr Bailey [ during an interview. > "Our Chief Justice, being; r generous, says that perhaps! the top 25 per cent of ourj • trial lawyers would comparer - with English barristers. I would put it at nearer 5 peri cent.” he said. ! i In slightly more than half - the states, judges were not) a appointed but elected, and - sometimes they had been ( -good politicians but poor - lawyers. In some cases the j term was as little as two e years, although in New York - it was 14 years which gave the judge a long period of ■j independence. II American jurors d Mr Bailey also expressed - some reservations about ! > American jurors. They were o so used to seeing Perry! it Mason produce a surprise • witness to prove the defen-

idant innocent that they expected this to happen in life also. When it did not, there was a tendency for them to assume that the defendant must be guilty.

‘ One result of the shortcomI ings of the system had been the decision of the American [Supreme Court to abolish ithe death penalty, he said. The argument which had influenced the judges most was [not that the penalty was a (“cruel and unusual” punishment but that it had been inflicted most often on the poor and black and very seldom on the wealthy. Mr Bailey said there had been no difficulty getting an acquittal for Captain Medina — there was really no case to answer. But his view of Lieutenant Calley’s case was tthe reverse. "When you say a two-year-old child is the enemv and shoot it, you are either insane (or a murderer,” he said.