April 5, 2000    Sunnyvale, California  Since 1994

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'Last hurrah' election





    Speak Out

    Fight reaction causes wonder

    Sam Scott's story [Sun, March 15] concerning police action at an unofficial boxing contest at Fremont High School causes wonder. For remaining silent and declining to be voluntary informants against their two boxing schoolmates, the spectator students were immediately cited on another charge, disturbing the peace.

    In truth, they were punished for exercising their Constitutional right of silence. In a previous similar incident, students who waived their right of silence were graciously not cited by police--a reward for being informants on their own school.

    Some may say the issues of "lack of cooperation" and "disturbing the peace" are two separate issues. But it is the police themselves who, in this instance, linked the two in the press by confessing that they cited the students for disturbing the peace only because of the students' failure to waive their rights to silence.

    Unhappy with but unable to act directly against the Constitutional right of silence, the police fell back on the easy charge of disturbing the peace. Why?

    Perhaps soon, the police in their wisdom, will offer the choice of having the charges dropped in exchange for fingering their fellow students, or having to spend time and money in the legal system challenging the charges. The mindset is that of local officials who can delegate authority but not responsibility. What lessons the students will learn in the ways of the world.

    Robert Thoen
    Sunnyvale



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