Interrogatory

“ The interrogatory procedure would be available to the prisoners themselves since most habeas petitions are prepared and filed by prisoners, generally without the guidance or restraint of members of the bar. ”

“ DR. PANNENBECKER: Yes, Sir; I was going to. But I did not expect that it would come up today, and I have not the number which I shall give to the exhibit. May I be permitted to furnish the number later? Yes—I have it here, Mr. President, and I shall now submit it as Exhibit Number Frick-14. This is the reply to an interrogatory. The replies are in the same form as those which Mr. Messersmith gave in the interrogatories concerning other defendants. I shall refer to this interrogatory in detail during my final speech. ”

“ From the commission itself, and the interrogatories upon which the witnesses were examined, it would appear to have been a joint commission. The commissioners are required to examine all witnesses named or produced to them, either by the plaintiff or the defendant. And one of the interrogatories put to the witnesses was, do you know of any sum or sums of money paid by the defendant to the plaintiff, in money, bills, or merchandizes, which are not credited in the amount now before you. It can hardly be presumed, that such an interrogatory would have been put by the plaintiff. ”

“ The testimony of this witness has been given in her own words, in her answers to questions put on both sides. The cross-interrogatories were filed by distinguished counsel, having before them at the time the direct interrogatories to be put to the witness. It often happens, in the investigation of causes, that the capacity of the advocate has an influence upon our conclusions in respect to testimony. It is right, also, in this remarkable suit, that those who have been professionally connected with it, for or against the complainant, should be mentioned. ”

“ The judge himself, [Pg 297] the Public Prosecutor, the prisoner’s counsel, the prisoner and the witnesses are all allowed immense latitude, are all encouraged to say all that they care to say at enormous length. The only people in court who do not talk are the members of the jury, and from the very beginning of the trial these men go to their homes every night, discuss the case with their friends and their wives, and read the newspapers daily, and the newspaper comment on the case which they are trying. ”

“ THE PRESIDENT: Mr. Dodd, the Tribunal considers that if you propose to put in a part of the interrogation, the whole interrogation ought to be submitted to the defendant’s counsel, that then you may read what part you like of the interrogation, and then defendant’s counsel may refer to any other part of the interrogation directly if it is necessary for the purpose of explaining the part which has been read by counsel for the Prosecution. So before you use this interrogation, Rosenberg’s counsel must have a copy of the whole interrogation. ”

“ H. My lord and gentlemen of the Jury, the prisoner’s mingled levity and bitterness leaves me little to answer to. I can only say, gentlemen of the Jury, that I am convinced that you will do your duty. As to the evidence, I need make no lengthened comments on it, because I am sure his lordship will save me the trouble. (Aside: Trust him!) It is his habit—his laudable habit—to lead juries through the intricacies which beset unprofessional minds in dealing with evidence. ”

“ No person other than the witness, a stenographic reported, and the officer taking the deposition upon written interrogatories and cross-interrogatories shall be present at the examination of the witness. ”

“ The interrogation and browbeating of the prisoner by the judge, consistent as it may be with the inquisitorial theory of their procedure, is strange to English lawyers, accustomed to see in every criminal trial a fair fight between the prisoner and the prosecution, and not a contest between the judge and the prisoner. The accused may, if he choose, be defended by counsel, and if poor may get legal aid at the public expense if the court certify for it. ”

“ Prisoner. What! to swear away an innocent life, is not that murder?
Judge. Prisoner, we make allowances for your sex, and your peril, but you must not remark on the evidence at present. Examine as severely as you will, but abstain from comment till you address the jury on your defence.
Sergeant Wiltshire. My lord, I submit that this line of examination is barbarous, and travels out of the case entirely.
Prisoner. Not so, Mr. Sergeant. 'T is done by advice of an able lawyer. My life is in peril, unless I shake this witness's credit. ”

“ There is widespread agreement that police interrogation procedures are sensitive to the mandates of the courts:
' [T] he predominant incentive for interrogation is to obtain evidence for use in court. Consequently, police conduct in this area is likely to be responsive to judicial rules governing the admissibility of that evidence. 'There can be no doubt,' the President's Crime Commission reported, that the Supreme Court's rulings about interrogation procedures 'had much to do with the fact that today the third degree is almost non-existent. ”

“ In his own office, the investigator possesses all the advantages. The atmosphere suggests the invincibility of the forces of the law. [11] To highlight the isolation and unfamiliar surroundings, the manuals instruct the police to display an air of confidence in the suspect's guilt and, from outward appearance, to maintain only an interest in confirming certain details. The guilt of the subject is to be posited as a fact. The interrogator should direct his comments toward the reasons why the subject committed the act, rather than court failure by asking the subject whether he did it. ”

“ Whoever takes the trouble to study the faces of the jury during trial, comes to the conclusion that the speeches of the prosecution and defense are the most important things in the trial, that they absorb most of the attention of the jury, and that the question of guilt or innocence does not depend upon the number and weight of the testimony but upon the more or less skilful interpretation of it. ”

“ The district attorney objects again, and the court again frankly sustains him. The easiest way is certainly being proved the best—for him.
Nothing is developed from the other witnesses, who repeat their testimony. The prosecutor remembers distinctly having his watch, though he knew nothing of its taking.
Then the young champion puts the prisoner upon the stand. Now, if God’s pity ever descends to temper the rigor of human judgment, here is its invocation—
His story is little and simple as his counsel translates it. ”

“ It is true that the police have to interrogate to arrest; it is not true that they may arrest to interrogate. [7] I would hold that any confession obtained by the police while the defendant is under detention is inadmissible, unless there is prompt arraignment and unless the accused is informed of his right to silence and accorded an opportunity to consult counsel. ”

“ A number of questions arose from the testimony of the witness, but this was my last question.
THE PRESIDENT: The Tribunal will adjourn.
[A recess was taken.] THE PRESIDENT: Does any other member of the defendants’ counsel wish to ask any questions of the witness?
[There was no response.]
Then do the Prosecution desire to cross-examine?
MR. JUSTICE JACKSON: May it please the Tribunal, I have a few questions to put to you, Dr. Gisevius, and if you will answer them as nearly as possible, “yes” or “no,” as you are capable of giving a truthful answer, you will save a great deal of time. ”

“ Gentlemen, you cannot believe any witness unless his evidence is reasonable. Every witness has to be corroborated by the naturalness of his story. Every witness is to be corroborated by his manner upon the stand and by the thousand little indications that catch the eye of a juror or of a judge or of an attorney. Congress has passed a law allowing defendants to swear when they are put upon trial. Will you tell me that that law is a net, a snare, and a delusion, and the moment a defendant takes the stand the prosecution is to say, "Of course he will lie"? ”

“ Kindness, cajolery, entreaty deception, persistent cross-questioning, even physical brutality have been used to this end. [3] In the United States, 'interrogation' has become a police technique, [4] and detention for purposes of interrogation a common, although generally unlawful, practice. ”

“ Accordingly, we hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today. As with the warnings of the right to remain silent and that anything stated can be used in evidence against him, this warning is an absolute prerequisite to interrogation. No amount of circumstantial evidence that the person may have been aware of this right will suffice to stand in its stead. ”

“ Perhaps the best advice is that the interrogator, once alerted by information from the screening process (see Part VI) or by the subject's excessive preoccupation with moral judgements, should treat as suspect and subjective any information provided by the interrogatee about any matter that is of moral concern to him. Persons with intense guilt feelings may cease resistance and cooperate if punished in some way, because of the gratification induced by punishment. ”

“ Based on our understanding of the relevant case law and the CIA's descriptions of the interrogation program, we conclude that use of the enhanced interrogation techniques, subject to all applicable conditions, limitations, and safeguards, does not "shock the conscience." ”

“ While the witness is in the custody of the interrogators, as a practical matter, he is subject to their uncontrolled will. * * * Nothing would be better calculated to prevent misuse of official power in dealing with a witness or suspect than the scrutiny of his lawyer or friends or even of disinterested bystanders.'
The demands of our civilization expressed in the Due Process Clause require that the accused who wants a counsel should have one at any time after the moment of arrest. ”

“ Interrogator explained how courts will provide leniency if the guilty confesses and makes restitution, and also if the guilty helps to prevent other
crimes. The detainee tried to explain away the circumstantial evidence and the interrogator said that there was more information against him. The detainee appeared deflated but moments later perked up and stated that he was innocent. Interrogator closed with the detainee’s future on earth, punishment under the law, other innocent people being killed, and his status on judgment day. ”

“ Mr Justice H. What the jury want to hear is not Othello's story, but yours, Sir, and your proper course is to go into the witness-box at once, and give your version of the facts as simply and straightforwardly as you can. When you have given your own evidence and called any witnesses you may wish to call, you will have an opportunity of addressing the jury, and exhibiting the eloquence on which you apparently place so much reliance. ”

“ Men kept apart when they were seen walking with slow steps on the street, or stood in knots talking compassionately among themselves.
[Pg 203]
At length the day came when the Grand Jury was in session. The absence of witnesses, upon which the defense had relied to argue the innocence of the accused, caused the prisoner’s counsel no little uneasiness as the hour for the opening of the court drew near. As he paced restlessly to and fro in the reserved space before the bench, there was a look of anxiety on his countenance and a frown upon his brow. ”

“ Interrogations must always be planned, deliberate actions that take into account numerous, often interlocking factors such as a detainee's current and past performance in both detention and interrogation, a detainee's emotional and physical strengths and weaknesses, an assessment of possible approaches that may work on a certain detainee in an effort to gain the trust of the detainee, strenghts and weaknesses of interrogators, and augmentation by other personnel for a certain detainee based on other factors. ”

“ The interrogator's mind is set at rest by being answered that the reason we have become animated notes of interrogation is because we are interested in the history of the old town; but it is fearful to think for what that innocent lad is responsible: putting notions in people's heads, and causing this volume to be inflicted on a suffering world! ”

“ We deem it a fortiori true that where a witness draws the lines of refusal in less sweeping fashion by declining to answer questions within a generally defined area of interrogation, the prosecutor cannot multiply contempts by further questions within that area. ”

“ Any interrogatee has his ups and downs, times when he is tired or half-ill, times when his personal problems have left his nerves frayed. The peculiar intimacy of the interrogation situation and the very fact that the interrogator has deliberately fostered rapport will often lead the subject to talk about his doubts, fears, and other personal reactions. ”

“ During the brief interval which elapsed between the detective’s exit and the prisoner’s entry, the director of criminal investigations prepared himself for the interrogation. In the first examination, the advantage always lies with the examiner. The accused is unaware what mode of attack his interrogator is adopting, and cannot guess what points his replies are required to prove. ”

“ Some treatises on interrogation are emphatic about the value of arranging the lighting so that its source is behind the interrogator and glares directly at the subject. Here, too, a flat rule is unrealistic. The effect upon a cooperative source is inhibitory, and the effect upon a withholding source may be to make him more stubborn. Like all other details, this one depends upon the personality of the interrogatee. ”