The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-05-27
The Third Degree.
Who says Romance is dead?

The problem of the third degree is one Of
the most serious with which the cities have to
deal. IIumanely considered the practice is in
defensihle; practically examined. it appears that
without its use, the work of the police would
he seriously handicapped and the ends of JUS
tice made more uncertain than they now
are.
To take a frightened man under arrest on no
other charge than that of suspicion: to hold
him apart from advice and away from any
friendly face TO then subject him TO constant
questioning through seepless nights; to sub
ject him to all manner of shocking sights and
nerve racking stories of alleged confessions of
imaginary accompffces-ths is the third de-
gree at its best
| Under such strain it is entirely conceivable
that an innocent man might make p false con-
fession by reason of sheer physical desire for
rest.
/ To add to the methods outlined above even
more gratesque mental torture TO follow this
with threats and abuse and in extremity to hit
between the eyes the tired man clinging to the
protestation of his innOcence--this is the third
degree in its most condemned, but by no means
unusual form.
/ Under such an ordeal AS this a confession is
not only probable; it is practically inevitable.
Human nature cannot survive the strain The
average man will under such conditions seek a
lcowed submission az the only relief from perse-
fcution.
/ The brutality Of either of these methods of
course differs only in degree, yet what are the
police TO do? They dealing with brutality.
and with cunning. They are working always
at a disadvantage. They are in many instances
working entirely in the dark Frequently they
in the position of man who is morally GER
tain of thing which he cannot prove 1t is
their business to get proof The calling of de-
teetive is not to keep the sensbilities in
lavender. Looking for results the police go
after them, trampling theoretical rights and
fine spun distinctions under hob nailed boots
as they proceed
I Yet it is all Illegal The prisoner has the
right of silence He is entitled to counsel He
must be warned before he is permitted to con-
TESS and confession may be used against
him which is extorted against his will or which is
procured either by promises or threats. And
the police who eheerfuly periure themselves
in order to make the confessions competent are
surely not safe witnesses upon which to depend
in an issue Of life and death.
1t was undoubtedly on account of prejudice
against third degree methods that Seyler was
acquitted. He may well be guilty as He'll, yet
who can say that the jury did not take the only
safe and reasonable course? Public opinion will
not much longer anywhere tolerate the third
degree What, then, will be left as protection
against the character of crime WHICH it alone
unearths9 Will the right of silence have to 60
and will this country have TO adopt something
akin to the French method, whereby the battle
is one of wits between the ACCUSED and the JUS
tice who examines him9 AT least, under such
sporting statute as that, the accused has a
chance TO pit either his innocence or his native
shrewdness against the trained intellect of his
inqusitor. He is bagged' if at all, in the
open Under the third degree" practice, he is
not infrequently run into corner and then
slaughtered with club