NCJ Number
44549
Date Published
1931
Length
352 pages
Annotation
THE UNLAWFUL USE OF CRUEL TREATMENT BY POLICE TO EXTORT CONFESSIONS OF GUILT FROM PRISONERS (THE 'THIRD DEGREE') AND OTHER ILLEGAL LAW ENFORCEMENT PRACTICES ARE EXAMINED IN THIS 1931 REPORT.
Abstract
THE PRACTICE OF THE THIRD DEGREE INVOLVES THE VIOLATION OF SUCH FUNDAMENTAL RIGHTS AS THOSE OF PERSONAL LIBERTY, BAIL, PROTECTION FROM PERSONAL ASSAULT AND BATTERY, THE PRESUMPTION OF INNOCENCE UNTIL CONVICTION OF GUILT BY DUE PROCESS OF LAW, AND THE RIGHT TO EMPLOY COUNSEL. HOLDING PRISONERS INCOMMUNICADO IN ORDER TO PERSUADE OR EXTORT CONFESSION WAS FREQUENTLY RESORTED TO BY THE POLICE AT THE TIME OF WRITING. COURTS GIVE NO APPROVAL TO THESE PRACTICES, AND CONVICTIONS OF CRIME BASED UPON CONFESSIONS OF GUILT SECURED BY SUCH METHODS ARE GENERALLY SET ASIDE. ACTUAL CASES OF BEATINGS AND TORTURE OF PRISONERS ARE DOCUMENTED. STUDIES OF 15 CITIES ARE DESCRIBED, INCLUDING APPLICABLE STATUTES, POLICE PRACTICES, REPORTED CASES OF POLICE BRUTALITY, AND ACTIONS TAKEN BY THE CITY TO ELIMINATE USE OF THE THIRD DEGREE. GENERAL CHARACTERISTICS OF THE THIRD DEGREE ARE EXAMINED -- AGAINST WHOM IT IS USED, THE FORMS IT MAY TAKE (E.G., THREATS, BEATINGS, DEPRIVATION OF FOOD), AND PARTICIPANTS IN ITS ADMINISTRATION. ARGUMENTS FOR AND AGAINST ITS USE ARE PRESENTED. THE CONCLUSION IS REACHED THAT THE USE OF PHYSICAL BRUTALITY, PROTRACTED QUESTIONING, THREATS, PROLONGED ILLEGAL DETENTION, AS WELL AS EXCESSIVE BRUTALITY IN MAKING ARRESTS, IS WIDESPREAD IN 1931. APPENDIXES GIVE STATISTICS ON ALLEGED POLICE BRUTALITY; STATE STATUTES DIRECTED AGAINST THE THIRD DEGREE AND SIMILAR ABUSES; AND A GEOGRAPHICAL SUMMARY OF POLICE BRUTALITY. A FINAL SECTION DEALS WITH UNFAIRNESS IN PROSECUTION, SUCH AS DELAYED TRIAL, HASTY TRIAL, DEPRIVATION OF COUNSEL AND WITNESSES, IMPROPER JURY LISTS, USE OF INADMISSIBLE EVIDENCE, ATTACKS ON DEFENSE WITNESSES, APPEALS TO RACIAL OR RELIGIOUS PREJUDICE, AND TRIALS CONDUCTED IN THE ABSENCE OF THE DEFENDANT.