Word: traynor
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Dates: during 1960-1969
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...frenzy, the department's skillful crowd-control experts were quick to head off trouble before it started. Time and again the Berkeley cops have been called the most enlightened police force in the nation. Says no less a home-town citizen than California Supreme Court Chief Justice Rodger Traynor: "They know their town well; they know their townspeople well. I respect them as officers of the law in the largest sense...
Significantly, it was Traynor who also eased the furor over Mapp by arguing in 1961 that the exclusionary rule should not be made retroactive. Its purpose, he noted, was to deter lawless police action from then on-not to help free prisoners who had been convicted on previously admissible evidence. Last year the Supreme Court followed precisely that reasoning in Linkletter v. Louisiana, which ruled out Mapp's retroactivity...
...Essential. In the same pioneering vein, Traynor suggested in 1961 that a suspect is entitled to a lawyer as soon as the police are prepared to charge him. In 1964 the Supreme Court followed that path in Escobedo v. Illinois, the case that police now fear will eliminate all confessions. Indeed, California's Justice Mathew Tobriner amplified Escobedo last January by holding for the court in People v. Dorado that police failure to advise a suspect of his rights to counsel and to silence voids his confession, even though he may not have asked for a lawyer. Last spring...
...surprisingly, some California prosecutors and police chiefs take an exceedingly dim view of Traynor's court. "All this emphasis on individual rights has made the work of law enforcement more difficult and costly," complains Alameda (Oakland) County's veteran District Attorney Frank Coakley. By contrast, California Bar Association President John Sutro is a Traynor admirer. "You and I would like to see all crooks in jail," says Sutro. "So would Chief Justice Traynor. But this is a government of law not men, and the maintenance of that essential is the difference between our government and tyranny...
...California law that exonerates criminal acts committed "under an ignorance or mistake of fact which disproves any criminal intent." Having recently applied that rule to bigamy, the California Supreme Court scrapped 68 years of precedents and extended it still further in reversing Hernandez's conviction. Chief Justice Roger Traynor added: "This is not to say that the granting of consent by even a sexually sophisticated girl known to be less than the statutory age is a defense. We hold only that, in the absence of a legislative direction otherwise, a charge of statutory rape is defensible wherein a criminal...