Criminal suspect

“ In such cases the judge’s task is easier than the witness’s, since he need not tell them of evidence already at hand. How very much people allow themselves to be influenced by antecedent grounds of suspicion is a matter of daily observation. One example will suffice. An intelligent man was attacked at night and wounded. On the basis of his description{37} an individual was arrested. On the next day the suspect was brought before the man for identification. ”

“ It is true that they frequently deceive us because behind the sudden occurrence there often may be nothing more than a better training and instruction from experienced cell-mates; though very often the circumstances are such that the suspect has succeeded through some released prisoner, or by a blackened letter, in sending a message from his prison, by means of which false witnesses of alibi, etc., are provided. ”

“ Suspicion, gentlemen of the jury, only points to one man; and to that man suspicion points with so unerring a finger, that the criminal stands revealed in the broad glare of detected guilt. That man is the prisoner at the bar. On the discovery of the murder, the returned wanderer, the penitent and dutiful son, was of course sought for. ”

“ That there are foolish criminals who are discovered, and wise criminals who escape. The hiding of a crime, or the detection of a crime, what is it? A trial of skill between the police on one side, and the individual on the other. When the criminal is a brutal, ignorant fool, the police in nine cases out of ten win. ”

“ To the prisoner he said: “You may be seated, sir. I want to talk to you.”
Then to the guard: “I will excuse you, guard. I wish to question the prisoner alone.”
Turning to the prisoner: “Now, sir, I should like to hear something about yourself. Why were you sentenced, and have you registered under your real name?”
“I have, sir. I am not a criminal. I have been sentenced because of strong circumstantial evidence. I am innocent. I did not commit the crime for which I am here.”
“Well, my opinion of you is good. I do not believe that you are a murderer—at least, I hope not. ”

“ As a Professor of Jurisprudence reminds us, "the object of the whole complicated system of checks and guards provided by English law, and secured by a long train of constitutional conflicts, has been to prevent an innocent man being even momentarily treated as a thief, a murderer, or other criminal, on the mere alleged or real suspicion of a policeman." ”

“ Detective though he was and accustomed to the bravado with which every sort of criminal will turn to meet their fate when fully driven to bay, there had been something in the final manner of this desperate but evidently cultured gentleman, which had impressed him against his own will, and made him question whether the suspected man was not rather the victim of a series of extraordinary circumstances, than the selfish and brutal criminal which the evidence given seemed to suggest. ”

“ While the country is ringing with the record of a great crime—while the murderer is on his guard night and day, waking and sleeping—the police watch and work: but by-and-by, when the crime is half forgotten—when security has made the criminal careless—when the chances of detection are ten-fold—the police have grown tired, and there is no eye to watch the guilty man's movements. ”

“ When one knows who committed a murder, to conceal that knowledge is to be an accessory after the fact. The law demands that the knowledge shall instantly be placed at the service of the police. I am not considering information given with regard to murder as treacherous. The cases I have in my mind are those in which the crime was incited by certain individuals who for purposes of their own intended to betray the criminal. ”

“ A murder has been committed, and the newspapers are scolding because the criminal has not been caught. Suspicion falls upon a poor wretch of a smuggler, who is hounded and bullied into incriminating himself. At the last moment, when the case is in the hands of the jury, the prosecuting attorney’s conscience is troubled, and he realizes that he is sending an innocent man to the gallows ”

“ If the evidence points clearly to a particular person as the murderer, we shall name that person in the verdict. But we are not primarily investigating a crime; we are investigating a death. The criminal investigation is for the police. ”

“ Criminals who seek effacement do not take into sufficient account the curiosity and inquisitiveness of mankind. At times, just after the perpetration of a great crime, when the criminal is missing and the pursuit at fault, every gossip, landlady, “slavey,” local tradesman, ’bus conductor, lounger on the cab rank, newsboy, railway guard, becomes an active amateur agent of the police, prying, watching, wondering, looking askance at every stranger and newcomer; ready to call in the constable on the slightest suspicion, or immediately report any unusual circumstance. ”

“ But if, notwithstanding all the Rubs which we have seen to lie in the Way, the Indictment is found, and the Thief brought to his Trial, still he hath sufficient Hopes of escaping, either from the Caution of the Prosecutor's Evidence, or from the Hardiness of his own.
In Street Robberies the Difficulty of convicting a Criminal is extremely great. ”

“ Now, when a police officer undertakes to investigate a crime, he is possessed and saturated with the thoughts and experiences he has with bad people. He is drifting and turning in the way of finding a criminal, magnifying this, minimizing that, throwing himself on this side in order to catch somebody, standing before a community that demands the detection and punishment of the criminal, blamed if he does not get somebody into the lockup before morning. “What are the police doing?” says the newspaper, and the newspapers, you know, are not always right, mostly. ”

“ So too, a criminal will outwit the keenest of detectives, and nonpluss the most experienced of officers, only through his own lack of caution, to run his neck into the noose in an entirely different direction to that in which he is being sought. ”

“ A boy of thirteen is tried, say for picking the pocket of some subject of her Majesty, and the offence is about as clearly proved as an offence can be. He is called upon for his defence, and contents himself with a little declamation about the jurymen and his country—asserts that all the witnesses have committed perjury, and hints that the police force generally have entered into a conspiracy ‘again’ him. ”

“ After every celebrated or startling crime, some weak-minded and impressionable persons go and commit the like, or give themselves up to the police under the impression that they have been guilty of the crime. ”

“ Then of a sudden he said:
“You have a rather unusual method of picking suspects.”
“In what way?”
[144]
“When the police have a criminal to catch, a crime to clear up, they go over the list of criminals who work at such crimes, then they check up on those persons, possibly shadowing them for days. But you—you simply go to a fire and pick a man who seems particularly interested in the fire. You say to yourself: ‘He might be the man.’ Then you start shadowing him.” ”

“ Police authorities everywhere know that a man once a criminal is almost sure to commit another crime at the first opportunity; and for that reason they make it an invariable rule to keep a close watch over such persons. ”

“ Should I communicate my conviction to the police? It was possible that I might impress them with at least sufficient suspicion to warrant his examination—and in that case the truth might be elicited; for among the many barbarities and iniquities of the criminal procedure in Continental States which often press heavily on the innocent, there is this compensating advantage, that the pressure on the guilty is tenfold heavier. If the innocent are often unjustly punished—imprisoned and maltreated before their innocence can be established—the guilty seldom escape. ”

“ He was a careful student of the police reports and the trials at the Central Criminal Court, and the more he studied those interesting records, the more he became convinced of the wickedness of human nature, the inefficiency of the police, and the tendency of accomplices to "split." ”

“ He says, as Benedikt said at the Congress at Rome, that all criminals are criminals by birth, so that there is no such thing as an occasional criminal, in the sense of a *normal individual casually launched into crime. ”

“ Few complainants have ever before appeared in a police court, and are filled with repugnance at the rough treatment of prisoners and the suffering which they observe upon every side. After they have seen the prisoner emerge from the cells, pale, hollow-eyed, bedraggled, and have beheld the tears of his wife and children as they crowd around the husband and father, they begin to realize the horrible consequences of a criminal prosecution and to regret that they ever took the steps which have brought the wrong-doer where he is. ”

“ That he is a pure young man and has been wronged. I really believed he would be with the burglars. You are to establish the fact that he instigated the robbery, that [Pg 54] these men are his pals, as you detectives call them, and you are to follow him up and establish his career as a professional thief and criminal. ”

“ All criminals should be caught. That they are not is a strong argument against your detective; for every criminal, we may say is actuated by necessity, and therein lies the possibility of his defeat. For example: You may claim that the expert burglar lays his plans in advance, and that the crime being premeditated he should be able to make such careful pre-arrangements that he could avoid leaving tell-tale marks behind him. ”

“ Criminal cases, such as robberies, assaults, forgeries, murders, and the like, are conducted in a different manner. The head of the police in the district where the crime was committed, is entrusted with the collection of the evidence. ”

“ We were discussing the ingenuity and resource of criminals in evading the police. Your name happened to be mentioned, and I remarked what a splendid criminal a man of your inventive talents would make. ”

“ Leaving the young man in the distressing position of a suspected criminal, and deprived of his liberty, let us retrace our steps, and gather up some links in the chain of the testimony against him, which were procured during the days that intervened between the night of the murder and the day of his commitment. ”

“ It is for this reason that the mere fact of arrest is to most people a conviction of guilt. The witness who had first identified A as only the probable criminal becomes absolutely convinced of it when A is presented to him in stripes, even though he knows that A has been arrested on his own testimony alone. ”

“ It is possible, of course, that a criminal agent may plan his crime with skill, execute it without accident, and maintain the secret with equanimity, and that all interrogation following upon his act, will be wholly futile ”

“ In what is comprehended under the general and vague term of "crime," everything depends upon the values of the individual performer; and again and again do we find that a criminal has struck before counting the cost to himself, or considering the unsleeping detectives, hidden in his own faulty heart and brain, who will sooner or later discover and denounce him. ”

“ And each has its own particular victim upon whom it intends to fasten the blame. Heaven save his reputation! Many an innocent man has been ruined for life through the efforts of a newspaper "to make a case," and, of course, the same thing, though happily in a lesser degree, is true of the police and of some prosecutors as well.
In every great criminal case there are always four different and frequently antagonistic elements engaged in the work of detection and prosecution—first, the police; second, the district attorney; third, the press ”

“ To begin at the beginning, whenever a person has been arrested, charged with crime, and has secured a criminal lawyer to defend him, the first move of the latter is naturally to try and nip the case in the bud by inducing the complaining witness to abandon the prosecution. In a vast number of cases he is successful. ”

“ A vile male member of the common criminal classes had not only taken occasion to loot a jeweler's window, broken by some innocent lady, but had coolly murdered a policeman who interfered with him in the perpetration of his selfish crime. ”

“ Often enough he is a model husband and father. So, too, may be your forger, gambler, swindler, burglar, highwayman, or thief,—any in fact except the real moral pervert; and of course murder is entirely compatible on occasion with a noble, dignified and generous character. "There is nothing essentially incongruous between crime and culture." The prosecutor who begins by loathing and despising the man sitting at the bar may end by having a sincere admiration for his intellect, character or capabilities. This by way of defence to crime in general. ”

“ The born criminals and the occasional criminals constitute the majority of the characteristic and diverse types of homicide and thief. Prison governors call them ``gaol-birds.'' They pass on from the police to the judge and to the prison, and from the prison to the police and to the judge, with a regularity which has not yet impaired the faith of law-makers in the efficacy of punishment as a cure for crime. ”

“ The most insignificant thing ever seen but variously pictured in imagination will be greeted at first sight with the words: “But I imagined it quite different!” Hence the tremendous importance of every local and material characteristic which the criminal court deals with. Every one of us knows how differently he has, as a rule, imagined the place of the crime to be; how difficult it is to arrive at an understanding with the witness concerning some unseen, local characteristic, and how many mistakes false images of the unseen have caused. ”