Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-04-27
THE. LAW OF ARREST,
Limits Beyond Which officers of the
Peace Dare Not Go.
WHEREA WARRANTISNECESSARY.
Privileges Of the Private Citizen in Detain'
ing Offenders.
RIGHTS OF TIE CRIMINAL CLASSES
WRITTEN FOR THE DIsPArcH.I ]

Our liberty depends and rests not simply
on force of arms, not on logic, not on any
thing short of our own sentiment and the will
fthe rest of Us who are governed. Thus it is
that we prefer government to anarchy, and
government, being the outcome and produc-
ton OF the people, is necessarily for the
good of the people, and has two main ele-
ments-power and iberty-for without
power there is no protection, and without
liberty there is nothing to protect.
In this respect the word protection" has
a larger and more significant meaning than
in Its usual acceptation on the floor Of Con-
gress or in the committee room, while our
legislators are regulating the best interests
of our industries. 1t weakcns the strong, it
strengthens the weak. 1t is truly the bull
wark of our social existence; by it rights
are enforced, wrongs redressed and crimes
prosecuted and punished by judicial rather
than by lynch means. In order to comply
with this view, it has always been the ten
dency of the law not to permit of an arrest,
or the restriction of the liberty of q citizen,
without process of court. It often hap
pens, however, in practice, particularly in
large cities, many arrests are made on sus-
picion which could not be sustained under a
habeas corpus proceeding, but often turning
out to be so well founded that
THE END JUsTIFIEs THE MEANS,
and the result justifes the arresting officer.
But in every such case he assumes the risk
and must bear the consequences in punish
ment or damages, if be has acted wantonly,
vindictively or oppressively. He must be
always able to show good grounds for his
action which will evince his good faith. II
has never been the law to arrest first and find
a cas- afterward. 1t might be we'll to give
little explanation of this process of court
before taking up the law OF arrest ITSELF
There must be an accusation or charge that
the person to be proceeded against has aetu-
ally committed a crime or misdemeanor; this
may be either in the form of an affidavit, or
more formal complaint under oath, made
either by the injured party or some one con-
versant with the facts. Upon this a war
rant issues, and the party charged is appre-
hended and taken before a magistrate or
examining. court for preliminary hearing
or trial, as often happens when the ofense is
petty or light.
For the most part, it is optional with the
accused whether or not to submit to this
preliminary Investigation. He can demand
it or waive it; if he valves it, the prosecu-
49, - r;.. - 80. a. ..;a.,
Of the Grand ;urv Of conrss If
the charpe he baiIable he has the nriv-
ilepe of furnishing hail. On the other hand
if the examination takes place and the EVIL
dence is not strong enough to raise pre-
sumption of guilt, the magistrate should
promptly discharge the accused. This dis
charge, however, is no ban for future ar
rest and prosecution for the same ofense, as
cused to a legal Jeopardy, and he cannot
take advantage Of his constitutional right
under the fifth amendment-"Nor shall any
person be subject for the same offense to be
twice put in jeopardy of life or limb"
rprr =. ro,,
IL the grand JufY nnds true olil
against the accused, ne is tnen arralgned ana
necessitated to plead to the charge contained
In the indictment. Ii the plea Is guilty, the
prisoner may De sen.enceo wisnous Iur.nef
thsu tSs ;ndna !. ~ "u;s.S ~ ~ sanS cfi, ;ntc
The not;xs and .;rcnmstancs. snrronnd;no
the accused at the time. The other princi-
pal plea is "not guilty." in which event
trial is necessary; and when entered. the
burden OF proof rests on the prosecution to
show the contrary beyond reasonable
doubt, or it will be the sworn duty of the
petit jury to sustain his plea Of mot guilty"
and have him discharged from custody.
Perhaps In the entire machinery OF the
courts there is no power or duty more
abused, If We except alone improper ar
rests, than that which regulates the COM
mitting magistrate. A warrant should not
issue on information ana DeIlef wnen POSI-
tive testimony Is obtainable; nor will mere
hearsay suffice, even though it is alleged
that the accused will escape before posi-
tive AFFIDAVIT can be got. A warrant signed
by justice In blank, and hlled out In his
absence by police ofhcer, Will not
justify the arrest of the person
whose name is thus inserted in it;
the magistrate himself, not his CLERK, must
take the affidavit. 1t IS In the Information
that irregularities, Tor the most part, arise
in Justice court; the warrant itself for the
most part is copied literally from the statute,
specifying the ofense, the authority under
which it is issued, the person who Is to exc
cute it and the person to be arrested.
FORCE IN MAKING ARRESTS.
-
mas ions oeea ;... sesieu 'Has fa.. sn aess msy
oe Iesan! eueou s.snoSs IN 49, ioeI M y, e.eI Me
man uai 'ouonins VI sho oouy' Ane iuAe 10
that the omcer snali make tne arrest peace
ably and without violence II ne can; oIt II
resisted, ne may use sumcient l1lce 70 enect
MS purpose. lt Is not Jusunaoie 70 strike
the prisoner except IN seii-de'ense. how
ever, If the ofhcer acts In good faith and
without lll-wili or malice, the amount OF
force necessary is left to his own Judgment.
Ii his prisoner Is very refractory,
threatens him and endangers MS Lille, he may
even AiLi nin "hefe no o.nef SouIse 10 open,
fnsed on demand he NAV break omen the
outer door of a bonse either in the dav or
niobt time He mnst disclose his errand
L I.,.-a kraok;n. a. - - -
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