Footnotes and Articles RE: Use of Dum Dum Bullets in Pennsylvania

    Fc. 't'.'.otos : - 1 7 ( b ) -

Francis v. Resweber, suara note 1J i; Uol; Brovni v. Kias., 217 
U.S. 278(1935); 3ram v . United St^ates, 158 U.l. 83 2(1397;; and 

In re Kemmler, 136 U.S. 136, 117 (18 90). It is sini^i ficant tliat 
the last two cases were decided before the 1899 IIa<ziie J) r; o ] ; j r,;

(IV, 3), aral so wer-;’ soine of t}i<;’ ' j I- i

98. 356 U.S. 86 , 100 (1958 ). See also Furnan v. Geoj-’.f.ia , 108 U.S.
238 , 257 and 27 0-271 (1971) (Brennan, J., concurr inj^) .

93. S e e , e . n . , Rochin v. California, sunra note at 159; and

Palmigiano v. Travisono, 317 F. Supp. 776 , 785 (D.R.I. 19’̂0)(].rd' .lr.-;nd.) 

For evidence of the use of "human rights" criteria by Patrich Henry, 
see Furman v. Georgia, 108 U.S. 238, 320(1971)(Marshall, J., 
concurring), c it ins; 3 J. Elliot's Deba.tes 115-118(2 e d . 1875).

ICO. Johnson v. Glick, supra note ‘‘.'J. ■ This reasoning is correct, 

for it does not matter that a "specific" of the Bill of Rights 
prohibits cruel or inhumane treatment, injury, killing or 

punishment when a rational maximization of legal policies 
contained in the Fifth, Eighth and Ninth Amendments will result 
in the same decisional outcome and when trends in decision also 

c"early support that outcome. See also Spano v. New York, suora 
n,'-e hJ", at 320 , noting the important legal policy at stake v/hich 

is based in "deep rooted feeling, that the police must obey the

law while enforcing the law..." And " ,nduc" force or excessive, 
unnecessary force can result in crimina] or c:vil santions aga^nsl' 

the police officer. See supra note .

. ,. See supra notes
. .. See Grisv/old v. Conn., 381 U.S. 'i7'

Brennan, JJ., concurring).
See Robinson v. Calif. , supra note 

iJ.“. See Betts v. Brady, 315 U.S. 445, 462(1942)

•̂■3 3 (19 54 ) (Goldber'

1.0 .



P.S. If you know of any ballistics or medical 
experts on our side of the controversy, 
please contact Bill Olds, CCLU Exec. Bir.
57 Pratt St., Hartford, CT. 06103 and
Rep. Joseph Rhodes, Jr., Penn. House of Reps.,
Box 192, Harrisburg, PA. 17102.
If you don't already have a copy of my short 
piece on "Clearing Up the Facts About Hollow- 
Point and Magnum Effects Within the Human 
Body," write Ms. Trudi S. Young, Press Dept. 
A.C.L.U., 22 East 40th St., N.Y., N.Y. 10016.



62 A ^ e 1ri)cninflBulletin T..«̂ av. May 6, jgZL-

Pa. Allows Police to Use Dum-Dums
By ROBERT KOTZBAUER

Of The Bulletin Staff
Police in Pennsyvania now 

are free to use handgun bul­
lets .with three times the 
wounding potential of normal 
ammunition.

T h e  Governor’s Justice 
Commission yesterday re­
jected efforts to ban so called 
dumdums, actually hol­
low-point, high-velocity bul­
lets, of a type outlawed in in­
ternational warfare.

The Pennsylvania State Po­
lice and officers of about 20 
percent of all departments in 
the state already are car­
rying such ammunition. Yes­
terday’s effort was to stop 
this. Police in the two largest 
cities, Philadelphia and Pitts­

b u r g h ,  use a different 
bluntnosed bullet that is not 
considered so lethal.
Fear Expressed

The fear expressed by op­
ponents of the dumdum bul­
lets, however, is that the 
commission’s decision will 
spur widespread use of the 
new ammunition.

Law-enforcement officials 
say the hollow-point bullets 
have more “ stopping power”  
to keep criminals from shoot­
ing back once they’ve been 
hit. Also, they don’t ricochet 
and endanger innocent by­
standers.

“ There is an internal arms 
race going on in this coun­
try,”  Professor Jordan J. 
Paust of the University of 
Houston, testified before the

commission. He represented 
the American Civil Liberties' 
Union.
Used by Criminals Too

“ Not only are police depart­
ments increasing use of hol­
low-point bullets,”  he said, 
“ but criminal elements are 
doing so as well.

“ The bullets are available 
in any gun shop, to anyone 
who can buy ammunition,”  
Paust said.

The ACLU and others, in­
cluding the Public Interest 
Law Center of Philadelphia, 
sought a commission ruling 
that would deprive police de­
partments using dumdums 
f r o m  receiving federal 
anticrime funds.

Paust said the bullets ef­
fects on human tissues con­

stituted cruel and inhumane, 
and thus unconstitutiraial, use 
of force.

“ We can’ t leave this deci­
sion (whether to use such 
ammunition) to police alone,”  
s a i d  s t a t e  Rep. Joseph 
Rhodes (D-Allegheny).
Must ‘ Fight Fair’

But as New York police Lt. 
Francis' McGee said, “ We’re 
required to fight fair, they 
(the criminals) are not.”

According to Dr. Vincent 
J. M. DiMaio, of Texas, a na­
tionally recognized expert on 
gunshot wounds, hollow-nosed 
bullets do not explode on en­
tering the body, nor can it be 
said they kill more readily 
than the usual bullets police 
have been using.That depends 
on where they strike. Dr.

DiMaio said.
But b e c a u s e  the hol­

low-nosed, high-velocity bul­
lets hit the body with such 
shocking force, they will 
cause wounds about three 
times as great as regular 
ammunition, he said.

Rep. Rhodes said he still in­
tends to push legislation ban- 
n i n g dumdum bullets in 
Pennsylvania.

Expense Boost OKd
Washington (UPI) — The 

House gave final congression­
al approval yesterday to a 
bill that would raise expense 
money to cover food and lodg­
ing for federal employes trav­
eling on government business 
to a day. It is $25 now.



Un iv e r s it y  o f  Ho u s t o n
COLLEGE OF LAW 

HOUSTON, TEXAS 77004

Attorney DrewS. Days, III 
NAACP Legal Defense Fiind 
10 Columbus Circle 
New York, N.Y. 10019

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