The Washington times., 1931-08-10
WAN VICTIM
OF POLICE
TACTICS
WickerSham Board Flags
Brutal Methods in Wringing
Confessions From Suspects

Continued From Page -
win not talk. or else make for.
NAL denial Of It's existence. The
victims are likely either to
present exaggerated or even IA
bricated accounts to further
their ends or to decline to talk
because of fear Of police retalia-
tion. Police reporters know
great deal, but are dependent
upOn the police for their infOr-
nation, and are often likewise
reticent."
Steps To Take
As ameans Of stopping the
third degree practice, it was
urged a rule be enforced whereby
'eVery person charged with
crime should be forthwith taken
before a magistrate, advised OF
the. charge against him, given
the rights to have counsel, and
then interrogated by the magls-
Nrate. His answers should be
recorded and should be admissi-
bic in evidence against him IN
all subsequent proceedings"
Should the prisoner refuse to
answer, the commission believes
the prosecutor and Judge have the
right to comment on that fact at
his trial, and recommended that
existing rules forbidding COM
ment on such failure to testify
In his own behalf "be abolished"
The commission objected not
only to physical brutality in the
third degree-beating Of prisoners
but also to the mental cruelty"
Of continuous questioning Of sus-
poets over periods running as
high as a week in several cited
instances.
Urges New Code
The report declared ''fawlessness
In law enforcement" extends even
into the court room, and men and
women facing the bar Of justice
find themselves subjected to un-
lust and unfair treatment at the
hands Of judges and prosecuting
attorneys in violation Of their con-
Stitutional guarantees. It added.
There has been NO thorough
going revision of criminal pro-
cedure in the United States since
the foundation of our cOnstitu-
tiOnaI government.
1--WE earnestly recommend the
consideration by Congress Of a
code of federal criminal prOce-
dure to meet these evils. Such q
code might serve as q model for
many Of the states whose pro-
cedure offers especially favor
able machinery for the failure
Of criminal Justice"
Hits Court Practices
Court practices which were
found to be prevailing in "a suf-
ffciently challenging number Of
cases to emphasize the foundation
for just complaint" included
ABUSES relating to the time and
place Of trial, denial Of counsel
or other safeguards granted by
law to the accused during the
trial, and the various forms of
misconduct by prosecutors and
judges in the courtroom. It was
to put an end to such infringe
mefatS on personal rights that
a general revision Of the code
Of criminal procedure was sug-
geSted.
Eleven specific changes were
proposed in the appended report
Of the commissions investigators
--Zechariah Chaffee, jr., Walter
, H. Pollak and Carl s. Stern and
while the commission did not
adopt all Of them in their own
report. they asserted they called
for careful consideration"
Changes Urged
These suggestions included:
1. Establishment of . statu-
tory minimum time for the
preparation Of the defense.
2. Adoption by the State Of
the Federal statutory rule by
which . Judge Is automatically
disqualified from sitting when
the accused files an affidavit
alleging facts sufficient to con-
Stitute o earl possibility Of bias.
3. Requirement that the State
Shah furnish . list Of its wit
nesseS to the accused.
4. Representation Of the &C.
eused by counsel in all cases
unless the penalty Is very light
or unless the accused has def
nitely refused counsel.
5. The inclusion of qualified
persons on jury lists regardless
Of their color.
6. SimplificatiOn and clari-
ficatiOn Of the law relating to
the admlSsibility Of evidence of
offenses other than that for
which the accused is ON trial.
T.. Allowance of comment
upon the failure Of the &C
cused to testify.
9. Abolition Of payment of
judges, prosecutors, and court
officials from fines and costs.
= 8. Giving to the trial Judge
power to comment on the
weight Of the evidence.
10. Giving Of power to Ap-
QeIlate Courts to reduce sen.
tences without q new trial.
IL. The grant Of power to ap-
pellate courts to grant new
trials n required by justice
whether any exception has been
taken or Rbt in the court below.