Courts, Criminals and the CamorraTrain, Arthur Cheney
History
Courts, Criminals and the Camorra
Train, Arthur Cheney
Camorra; Criminals -- United States; Justice, Administration of -- United States
One of the most sacred rights guaranteed to those of us who can afford
to pay for it under the law is that of not being compelled to give
evidence against ourselves or to testify to anything which might
degrade or incriminate us. “I’se not compelled to discriminate against
myself!” as the old darkey, who knew his rights very well, said. Now,
this is all very fine for the chap who has his lawyer at his elbow
or has had some similar previous experience. He may wisely shut up
like a clam and set at defiance the tortures of the third degree. But
how about the poor fellow arrested on suspicion of having committed
a murder, who has never heard of the legal provision in question,
or, if he has, is cajoled or threatened into “answering one or two
questions”? Few police officers take the trouble to warn those whom
they arrest that what they say may be used against them. What is the
use? Of course, when they testify later at the trial they inevitably
begin their testimony with the stereotyped phrase, “I first warned the
defendant that anything which he said would be used against him.” If
they did warn him they probably whispered it or mumbled it so that he
didn’t hear what they said, or, in any event, whether they said it
or not, half a dozen of them probably took him into a back room and,
having set him with his back against the wall, threatened and swore at
him until he told them what he knew, or thought he knew, and perhaps
confessed his crime. When the case comes to trial the police give the
impression that the accused quietly summoned them to his cell to make
a voluntary statement. The defendant denies this, of course, but the
evidence goes in and the harm has been done. No doubt the methods of
the inquisition are in vogue the world over under similar conditions.
Everybody knows that a statement by the accused immediately upon his
arrest is usually the most important evidence that can be secured in
any case. It is a police officer’s _duty_ to secure one if he can do
so by legitimate means. It is his _custom_ to secure one by any means
in his power. As his oath, that such a statement was voluntary, makes
it _ipso facto_ admissible as evidence, the statutes providing that
a defendant cannot be compelled to give evidence against himself are
practically nullified.
Public-domain text, read in full here on John Shaqi.
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