THE ETHICS OF POLICE METHODS

Dominion, Volume 6, Issue 1646, 13 January 1913, Page 6

THE ETHICS OF POLICE METHODS

Sir,—Tho question of the propriety of tho "police method" in securing evidence against, and conviction of, offenders under the Gaining Act has been so explicitly raised in tho recent prosecution of n bookmaker, and public attention to tho conduct of the polico officers concerned in the case for tho purposo of condemnation thereof has been so sharply attracted by my friend Mr. Myers, counsel for the defendant _ in tho proceedings, that it seems advisable to nave tho matter more fully canvassed, and the justice of the utterances publicly delivered by magistrate and counsol to the disparagemenl of tho police officers submitted to scrutiny. It is, of course, my dosire to speak with profound respect of tho opinions of the presiding magistrate on matters pertaining to tho administration of the criminal' law, and had counsol appearing foi the defendant denounced tho methods employed by the police in tho particular case in the eourso of advocacy and on bohall of his client only, no word of mine should havo been heard in tho'matter. But a 1 Mr. Myers, in adopting tho courso oi condemnatory reference to the polico unreservedly stated that ho did so only foi tho purposo of drawing public attention , to the methods used, and the magistrate, to some extent, expressed himself as an proving tho strictures 011 the police made by counsel, the ijucstion is now at large and public criticism of the views eipreas .ed is available against both magistral

and counsel. As tho polico officers whose conduct has been bo sharply called in question arc from tho necessity of their official position prevented from defending themselves in tho public press, I havo vontuied, as one of those who endeavour to follow intelligently developments in the administration of the criminal law—a topic which always will bo full of human interest—to come to tho support of the apparently overwhelmed and word-besinat-tered officers. It is my object to show, by way of supplement to your excellent article en the matter in Saturday's issile of the Dominion, that tho policeman—whose lot is often described as scarcely all felicity—is not without another friend. The question of th<a- propriety of the use of deception by a polico officer in detecting offenders against tho criminal law is not one on which any peculiar virtue attaches to the opinion of a trained lawyer;'it is a question of general ethics or morals on which the sense of any intelligent and conscientious layman is of as great, valuo as tho moro ponderous deliverance of tho Lord High Chancellor himself. It is akin to; the time-worn problem—does the end justily tho means upon which moral philosophers from the beginning of time ■ have taken .opposing sides? It will be conceded by all that it is the first duty of those entrusted with .the government of the country to take effective measures to prevent l and punish crime and disorder. Our ' Governors, as well as the Governors of .every other civilised country, fulfil this duty through the instrumentality of a.'force of police. Experience has taught this force — I speak not of the individual members thereof, but of the impersonal institution —that in many cases . the purpose' for which the institution exists, can bnly bo effected by meeting the criminal on. his own ground, using guile to overcome guile. It is useless to single out individuals for condemnation in this behalf, the method is the method of tho institution, and if moral obliquity attaches to the process, then the whole fabric, from .-the Minister of Justice and Commissioner of Police down tp the rawest constable,- must incur the censure. In the particular case under consideration, tho force having seen it dccreed by the Governors of tho Staterightly or wrongly is immaterial to the. question .at issue—that tho bookmaker under certain conditions is a criminal and a danger to the' community, sends Detective Cassells and Constable Winn to secure a suspected offender. What course is to be adopted to effect this end, and obtain such satisfactory evidenco of the offence as will ensuro tho conviction of the offender? Tho constable has his instructions from the force; ho.is himself to make a wager with tho bookmaker. He is met by an .inquiry as to his identity, and then arises ' the nice • point' of ethics which, be it borne in. mind, the forcenot the constable—has , already settled. ■ Would my excellent friend Mr. Myers, who, with pious anxiety for tlie morals of tho erring Winn, and 'in the fulfilment of-his> self-appointed-public duty,, catechised the'constable on the "lie" , the" foroo lias sanctioned, have the officer answer according to tho facts? - Let ns have a reply. I'ublic challenge has been made to Cassells and Winn, public attention to the problom of tho constable has boen loudly canvassed, and in response public curiosity .demands what alternative way,: the constablo had. .0. constable as a strict moralist might l havo answered . according to tup facts, < but .would he thereby discover any particular merit as a policeman? The. belief of common m&i is that, in'so; doing the constable would prove himself' a first-class simpleton, and the Minister for; Justice would infallibly have found himself under 1 the necessity of thinking him for. his services to the Stato- by. recording his . name in . the list of resignations thankfully received. .It is not from choice, but from, necessity'that tho force, and. by instructions from the' force, the individual officers adopt this' way, "something about a little from the right;" and if we cannot bring any moral enthusiasm to tho support of the policeman in the matter it is at least becoming that, taking, in many cases, the' benefit of thepractice, in the shape of safety and protection, in person' and property, wo should rel'rain from' open and reckless i condemnation',[:.ofp the unwilling agents. ' ■' " Some years' ago • a party. ■of convicts well kiiown to the police as criminals of a most dangerous and desperate typo appeared in this. ,city, and made known their arrival by perpetrating a series of crimes, in which dynamite, revolver, and other ugly implements figured conspicuously. _ The quarters which these desperadoes inhabited, and from which tney planned and executed; their nefarious operations, wero located by the police. If I remember correctly, the same police officer, whose conduct is now so severely questioned—Detective Cassells with an- | other officer of the police, by application of.-method approved by the force, prevailed on, the person in chargo of the premises to give them access to the very' den,of the. ruffians, and.in : their absence secreted themselves therein. With a personal daring-and acceptance of a risk to life and'limb at tho hands of lawbreakers—a risk which,l believe is. moro frequently undertaken by the police than the general public appreciate or ..give credit for—Detective Cassells and his fel-low-officer waited through tho night, and attacked and arrested three, of the most dangerous criminals, 1 found on capture to be armed with lerthal'weapons. I do not remember that the "method"' by 'which they, concealed their identity from the person in charge of v the premises 'was called into open and adverse • criticism on this occasion, and I want to point out . that the moral principle involved in that-in-stance is identical with ! the; moral principle in the present instance.. L believe that after the prisoners had'been sentenced to'. a term of imprisonment .commensurate with their offences,; the presiding Judge deemed it not unfit to thank the, officers responsible for tho capture of the men in the name and on behalf of the community for the service, they had done for the public in the face of grievous physical danger to themselves. A. '"method - " which is gocd to secure one criminal cannot be bad to secure another. If anybody knows the means of all criminals without the use of deceit on the part of tho police let him present himself without delay. The' Minister for Justice will accord him immediate audience, the Commissioner will instruot his inspectors, 'sergeants; detectives,- and constables in the process disclosed. Cassells and Winn will avoid even the appearance of 'evil, and cleave fast to' that t which is good, and the conscience of the public ana Mr. Myers will bo, eased. In the meantime, and until appearance of this long look«d-for gentleman, it will iremain a . matter of rather delicate 1 speculation in morals whether the officer or police who uses the "liei" or the. civilian who sleeps safe and sound in protection of person and property is the greater sinner. . It is my opinion that Detective Cassells and Constable Winn have been unjustifiably assailed for the fault (if fault.it is) of an institution, jind in default of better aid. I offer these observations by way of attempt at reparation.—l am, etc'.,./ THOMA9 NE'AVE. Wellington, January 11.