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
This is the darker side of the picture of practical government. It is
needless to say that the police do not usually suggest the various
safeguards and privileges which the law accords to defendants thus
arrested, but the writer is free to confess that, save in exceptional
cases, he believes the rigors of the so-called third degree to be
greatly exaggerated. Frequently in dealing with rough men rough methods
are used, but considering the multitude of offenders, and the thousands
of police officers, none of whom have been trained in a school of
gentleness, it is surprising that severer treatment is not met with on
the part of those who run foul of the criminal law. The ordinary “cop”
tries to do his duty as effectively as he can. With the average citizen
gruffness and roughness go a long way in the assertion of authority.
Policemen cannot have the manners of dancing-masters. The writer is
not quarrelling with the conduct of police officers. On the contrary,
the point he is trying to make is that in the task of policing a big
city, the rights of the individual must indubitably suffer to a certain
extent if the rights of the multitude are to be properly protected. We
can make too much of small injustices and petty incivilities. Police
business is not gentle business. The officers are trying to prevent
you and me from being knocked on the head some dark night or from
being chloroformed in our beds. Ten thousand men are trying to do a
thirty-thousand-man job.
The struggle to keep the peace and put down crime is a hard one
anywhere. It requires a strong arm that cannot show too punctilious
a regard for theoretical rights when prompt decisions have to be made
and equally prompt action taken. The thieves and gun men have got to
be driven out. Suspicious characters have got to be locked up. Somehow
or other a record must be kept of professional criminals and persons
likely to be active in law-breaking. These are necessities in every
civilized country. They are necessities here. Society employs the same
methods of self-protection the world over. No one presumes a person
charged with crime to be innocent, either in Delhi, Pekin, Moscow,
or New York. Under proper circumstances we believe him guilty. When
he comes to be tried the jury consider the evidence, and if they are
pretty sure he is guilty they convict him. The doctrine of reasonable
doubt is almost as much of a fiction as that of the presumption of
innocence. From the time a man is arrested until arraignment he is
quizzed and interrogated with a view to inducing him to admit his
offence or give some evidence that may help convict him. Logically,
why _should_ not a person charged with a crime be obliged to give
what explanation he can of the affair? Why _should_ he have the
privilege of silence? Doesn’t he owe a duty to the public the same as
any other witness? If he is innocent he has nothing to fear; if he is
guilty—away with him! The French have no false ideas about such things
Public-domain text, read in full here on John Shaqi.
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