The Indianapolis times., 1932-01-12
Curbing the Third Degree

1t is probable that more publicity has been given
to brutal police methods during the last six months
than in the previous sixty years. Up to recently this
was a subject about which there were many rumors,
but little public information Mr.. Willard had stirred
the readers of Harpers magazine Some bar associa-
tions had alleged third degree practices But that was
about all
few months ago the Wckersham report on law
less enforcement of the law took the lid off, Ernest
Hopkins on whose researches this report was based
has since written some excellent articles and a
trenchant book. We now know that the charges of
police brutality once vehemently denied, all too
true The next step is to find some way of curbing
this official savagery.
On this subject we have article in the Atlantic
Monthly by the wise and learned Harvard professor
zechariah Chafee Jr.
Professor Chafee makes it clear at the start that
these lawess practices not necessary to convict
criminals. The experience of England where police
inuuiston strictly is forbidden, and of Boston, Pha-
delphia and Cincinnati, which do not employ the
third degree proves definitely that satisfactory re-
suits can be obtained without any brutal and illegal
methods.
Brutality of the police comes chiefly between
rest and the arraignment of the accused. After
the magistrate commits the man to Jail admits him
to ball. the police have little opportunity to get in any
rough stuff. Therefore, attention must be concen-
rated on cutting down the time between arrest and
araignment and giving proper publicity to what
goes on in this interval.
Professor Chafee does not believe need any
more laws The accused has plenty of formal legal
protection already He is protected constitutonally
in the matter of tesfying against himself. Confess
sions obtained by coercion are declared void by law.
Policemen may be punished criminals if found
r,,iltv of violent third degree methods
The difficulty arises in the fact that it is hard
to enforce these laws The district attorney is fire.
ouently in the game with the police and not likely
to be enthusiastic about prosecuting his colab-
orators. In the courtroom the judge and jury are
more likely to believe the policeman than the defend
ant Illinois California and Washington have espe-
cally stringent laws against police brutality, but the
third degree was found to hourishing in Chicago
Los Angeles and Seattle.
Reform must be gradual Changes so drastic as
to disrupt present police system would be tenn
porarly disastrous. Professor Chafee suggests the
following specific reforms:
Measure to promote more prompt production of the
accused person before a magistrate after arrest.
Compulsory records of the time of arrest and ar
raignment before the magistrate.
Improvement in quality of police If the public
understands that prevalence of third degree methods
is proof of inferior police service the police will
be long in abandoning this stigmatized practice.
Some public authority must be constituted, inde-
pendent and fearless. which can hear complaints of
the third degree and make prompe and effective in
vestigation of the facts The proposed public de-
fender might exercise this function
Finally. the press must give relentless publicity to
revealed abuses The third degree can not thrive
under publicity The police need and desire the ap-
proval of their community; and few communities can
be proud Of who habitually the rubber hose
We hope that Professor Chafees proposals will be
adopted to the end that torture may be oblitered
from criminal procedure