NCJ Number
13185
Date Published
1974
Length
296 pages
Annotation
EXAMINATION OF TITLE III OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT, AND THE EFFECT OF THE RESULTING GOVERNMENTAL SURVEILLANCE ON SOCIETY.
Abstract
IN ENACTMENT OF TITLE III OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968, THE CONGRESS, FOR THE FIRST TIME IN HISTORY, AUTHORIZED WIRETAPPING AND ELECTRONIC SURVEILLANCE BY LAW ENFORCEMENT OFFICIALS. EAVESDROPPING ON TRIAL EXAMINES AND EVALUATES THE PRACTICAL OPERATION OF THIS ACT IN ORDER TO STIMULATE APPRAISAL OF A SUBJECT THAT HAS SUFFERED FROM PROFESSIONAL PARTISANSHIP AND PUBLIC INDIFFERENCE. THE AUTHOR IDENTIFIES WHAT THE LAW SAYS, WHAT IT DOESN'T SAY, ITS CRUCIAL PROBLEMS, HOW THE COURTS ARE DEALING WITH EAVESDROPPING, AND WHAT IMPACT EAVESDROPPING IS HAVING ON THE QUALITY OF AMERICAN LIFE. HE FOCUSES ON THE COMPLEX ISSUE OF 'LAW AND ORDER' VERSUS 'A FREE SOCIETY'. THE OPENING CHAPTERS DISCUSS THE MAJOR PROBLEMS RAISED BY THE ACT, PLACE EAVESDROPPING IN HISTORICAL PERSPECTIVE, AND EXAMINE THE CLIMATE OF THE 1968 PRESIDENTIAL ELECTION YEAR WHICH INDUCED THE OVERWHELMING VOTE BY CONGRESS IN FAVOR OF GOVERNMENT SURVEILLANCE. THE BOOK DISCUSSES ORGANIZED CRIME, INCLUDING ITS ETHNIC COMPOSITION, REASONS FOR GROWTH, CHIEF ACTIVITIES, AND ITS INEVITABLE CORRUPTION OF OFFICIALS. IT ALSO ANALYZES THE CONTROVERSY OVER WARRANTLESS SURVEILLANCE OF POLITICAL DISSIDENTS IN NATIONAL SECURITY CASES. IN HIS SUMMARY, THE AUTHOR CONSIDERS THE ARGUMENTS FOR AND AGAINST EAVESDROPPING, WEIGHS THE BALANCE BETWEEN LIBERTY AND 'LAW AND ORDER', AND VENTURES SOME PREDICTIONS FOR CHANGES IN LAW AND FUTURE ACTION BY THE COURTS. (SNI ABSTRACT)