National Commission on Law Observance and Enforcement Quotes
The third degree is widely and brutally employed in New York City.... Third-degree methods, authoritatively reported to us as recently employed include: Punching in the face, especially a hard slap on the jaw; hitting with a billy [club]; whipping with a rubber hose; kicking in the abdomen; tightening the necktie almost up to the choking point; squeezing the testicles. Methods are favored which do not leave visible marks, because these attract the attention of the courts and sometimes lead district attorneys not to use the confession. There is said to be a practice that the arresting officer does not commonly do the beating; another man will do it, so that when the arresting officer takes the stand it cannot be charged that he used force.
The “third degree” was widely used by police throughout the nation. It was in relatively progressive New York City that the practice was first widely investigate, exposed and curtailed. Most of the country followed suit, but unfortunately, the practice still exists, but is much less common than in the 1930s.
Wickersham Commission, National Commission on Law Observance and Enforcement, Final Report, January 7, 1931
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This statement by the police commissioner was very controversial as a major form of police brutality at the time was clubbing citizens with their nightsticks which were much larger and heavier than those used today. However the effect on the police officers was to green light heavy use of the nightstick and soon there was a major incident where the police badly beat many innocent citizens in their quest to control and punish alleged leftists. Whalen was forced to resign. See {626664} and {626663}.
Martin Luther King and his SCLC were demonstrating in St. Augustine, Florida against the segregation in that community. The local law enforcement officers had conspired with the local KKK groups to allow the group to beat the demonstrators and then arrest the demonstrators for disturbing the peace and demonstrating in the face of a local injunction against the demonstrations. Then the local authorities placed huge bail on the arrestees that they could not easily meet. While they were in custody, they were tortured in various ways. Judge Simpson, vacated the injunction and ordered that the demonstrators not be arrested, and if they were for any other crime reasonable bail be required. He also recommended prosecution of the wrong-doers. Remarkably, FBI Director J. Edgar Hoover ordered his agents not to protect the civil rights demonstrators on the grounds that the FBI should not provide protective services. Hoover had a personal hatred of King who he claimed was a Communist, a sex pervert, and a law breaker. The President then threatened the Florida Governor to send Federal Marshalls into St. Augustine if the state could not maintain law and order. The Governor and the Georgia Senators pleaded to stop the demonstrations which were being intensified because King and the Civil Rights Demonstrators were gaining huge sympathy with the general public as a result of the journalists’ reports and Judge Simpson’s findings. The Civil Rights Bill of 1964 was being filibustered by the Southern senators at that time and this was a tactical victory, but some of the civil rights demonstrators were paying a fearful physical price. Judge Simpson died 4 year later, hated by the KKK and other segregationists in Florida. However in time, even the local Floridians came to appreciate the Judge’s role. The graphic shows the Federal Courthouse named in Judge Simpson’s honor.
Earlier in the manual, the illegality of such techniques is stated. Later there are suggestions for the use of duress. See {597790}
Major Fleener had been assigned to defend accused terrorists who were being held at the military prison in Guantanamo, Cuba. For several years they were held without a hearing or trial. Then the U. S. Supreme Court ruled that they had to be given a hearing or trial. A Military tribunal was selected. The methods and procedures of these hearings came under much public world-wide criticism as they did not meet the normal legal standards of most countries. Surprisingly, one of the military officers made public statements criticizing the army and the trials.
The NRA has not only become extremely right wing organization from its early non-partisan posture, but a few of the officers have demonstrated an anti-government paranoia that most extremists would think extreme such as this quotation. Here he is on political company with the Black Panthers, the KKK, the Aryan Nation and the most extreme of the “lunatic fringe”
In many cases of police brutality, the police arrest the victim and the prosecutor agrees to drop the criminal charges if the victim agrees not to file a police brutality complaint. In Rangel’s youth there were no police review boards and if police beat young men, they were usually able to get away with it, unless the victims happened to be from rich, powerful families. In modern times, the police still get away with brutality but more and more are caught and prosecuted. However, the less police brutality is in large part due to the increased professionalism among police officers brought about by higher qualifications and much better training.
Pakistan follows a version of Islamic Law—Sharia—which provides that a man can be convicted of rape only if there are at least 4 male witnesses. Since it is virtually impossible to ever get 4 witnesses to a crime like that, there will never be a conviction. However, the complaining victim runs two additional dangers. First she is admitting to fornication and or adultery and can be jailed or even killed for that. Further, Pakistan males regard her as a prostitute and the police will also rape her very often.
The reason for these creative phrases was that President George W, Bush had publicly stated that it was United States policy to follow American and International Law and the U. S. does “not torture”. The CIA then decided that it should destroy the videos of the episodes where these euphemisms were used when they were accused of torture and there were calls for prosecution for violation of U. S. law.
Police have been exceeding their authority under the law of the land for centuries in most nations. In the century that has passed since she wrote this quotation, there have been many reforms in American law enforcement. The situation is better but many police still exceed their authority. For centuries, most politicians have not wanted to curtail or restrict the police regardless of their human rights abuses, and most citizens did not realize the extent of police abuse. Modern media policies and technology has shed much light on the problem.
See {642506} for the attack on the Mayor, the illogic of which, Adams was demonstrating. As a decorated police officer, himself, Adams, was a particularly credible critic of the police union leader’s lack of logic. This was a very important quotation at the time as throughout the country almost all advocates of any kind of police reform were accused of encouraging attacks against police.
The National Commission on Law Observance and Enforcement chaired the 11-member group, which was charged with surveying the U.S. criminal justice system under Prohibition and making recommendations for public policy.