e safe? Yet why does not some apostle of liberty
raise his voice and cry aloud concerning the wrong that has been done?
Are not the rights of a beggar as sacred as those of a bishop?
One of the most sacred rights guaranteed under the law is that of not
being compelled to give evidence against ourselves or to testify to
anything which might degrade or incriminate us. Now, this is all very
fine for the chap who has his lawyer at his elbow or has had some
similar previous experience. He may wisely shut up like a clam and set
at defiance the tortures of the third degree. But how about the poor
fellow arrested on suspicion of having committed a murder, who has never
heard of the legal provision in question, or, if he has, is cajoled or
threatened into "answering one or two questions"? Few police officers
take the trouble to warn those whom they arrest that what they say may
be used against them. What is the use? Of course, when they testify
later at the trial they inevitably begin their testimony with the
stereotyped phrase, "I first warned the defendant that anything which
he said might be used against him." If they did warn him they probably
whispered it or mumbled it so that he didn't hear what they said, or,
in any event, whether they said it or not, half a dozen of them probably
took him into a back room and, having set him with his back against the
wall, threatened and swore at him until he told them what he knew, or
thought he knew, and perhaps confessed his crime. When the case comes to
trial the police give the impression that the accused quietly summoned
them to his cell to make a voluntary statement. The defendant denies
this, of course, but the evidence goes in and the harm has been done. No
doubt the methods of the inquisition are in vogue the world over under
similar conditions. Everybody knows that a statement by the accused
immediately upon his arrest is usually the most important evidence that
can be secured in any case. It is a police officer's duty to secure one
if he can do so by legitimate means. It is his custom to secure one
by any means in his power. As his oath, that such a statement was
voluntary, makes it ipso facto admissible as evidence, the statutes
providing that a defendant cannot be compelled to give evidence against
himself are practically nullified.
In the more important cases the accused is usually put through some sort
of an inquisitorial process by the captain at the station-house. If
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