The Indianapolis times., 1933-11-27


inal tactics.
Most relevant here is the notorious third
degree, the prevalence Of which was proved
amply by the Wickersham report and by the
notable book Of Mr.. Ernest Jerome Hopkins
on Our Lawless Police" II they feel that
they are backed by semi-military move
ment, our police likely are TO become even
more irresponsible in the brutalities they en-
ploy against criminals. They will be more
likely than ever to invoke what they call "the
war theory Of repressing crime"
Therefore, the American Civil Liberties
Union has rendered a particularly timely
service in its defnitive recommendation as to
ways and means Of abating the third degree
nuisance. The union thus defines the third
degree:
ANY form Of physical or mental suffering
in extracting confessions from prisoners.
Whether this is accompanied by physical as
saults starvation, constantly being kept awake
by protracted questioning is unimportant. All
these methods violate constitutional guaran-
tees against self-incrimination, as well as
other laws"
The core Of the unions recommendations
constitutes five specific measures which can be
put into immediate effect In any community
without waiting for special state legislation on
the subject These measures are the follow
ing:
1. Doctors reports should be made at po-
lice stations on the physical condition of
each prisoner on arrest
2. Detention of prisoners in large cities
should be outside the control Of the police de-
partment.
3. Exact reports should be filed as to the
time Of arrest, Of arrival at the station house
and Of all other steps in handling prisoner.
4. Arrests should be made only after sworn
police statements charging specific offenses,
thus forcing the gathering Of evidence before
arrest.
s. An official stenographer should be
present at all examinations Of prisoners.
In addition, the American Civil Liberties
Union advocates new state laws where the
desirable protection is not provided already.
State legislation should demand the srraign-
ment Of a prisoner before a magistrate just
as soon as arrested. While such law may
be evaded easily, it provides the basis for the
later prosecution of lawless officials.
The union does not, however, recommend
law to make confessions inadmissible as evi-
dence. Confessions often are desirable socially
when obtained by the police without coercion.
1t goes without saying, however that confess
Sions obtained in violation Of the constitu-
tlonal rights of a defendant should be barred
in all states As another method of combat
ing the third degree evil, the union recon-
mends the institution of damage suits against
defending police officers ard the bringing of
criminal suits in states where the third de-
gree has been made a crime.
Recognizing that public opinion is the in
dispensable background of all successful cam
paigns against the third degree, the union
recommends alertness upon the part of decent
citizens in every local community to ascertain
the existence Of the third degree and to COM
bat its continuance.
Neither the American Civil Liberties Union
nor any sensible citizen will wish to do any
thing to obstruct the success Of the police in
repressing the crime menace. But it has been
proved amply over and over again that the
third degree is not necessary to the success
full handling of criminals. The large Ameri-
can cities which already have abolished the
third degree stand in the forefront IN their
record as to the abatement Of crime. Like
wise, Canada and European countries, which
have far better record than the United
States in represSing crime, do not employ the
third degree. Finally, the third degree rarely
Is applied to the more serious offenders in
the United States. It usually is reserved for
the small fry, many of whom are more likely
to be charity cases than real criminal types