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Where prisoners have made confessions or statements, the exact words used by them should be given in evidence. Disgusting and filthy language should not be repeated unless the witness is specially called upon to state the exact words made use of.
A constable when giving evidence should maintain a quiet and grave demeanour, and not give way to unseemly mirth, however ludicrous the subject.
There is nothing recommends a policeman so much to the favourable notice of the public as kindness to the poor, to the helpless, and to children. Great forbearance should be shown towards children who may be guilty of minor street offences—flying kites, whipping tops, &c. A policeman who knows his duty will reason with children committing minor offences, and point out to them that they are doing wrong.
To be exercising austere authority upon every little occasion that may call for his interference will be to excite the ill-feeling of all observers, whilst the exhibition of good-tempered forbearance and friendly persuasion will not only enlist their sympathies, but in the end will greatly assist him in fulfilling those numerous and useful duties which the law of the country has charged him to execute.
As regards his conduct to his superiors, a constable should learn and ever practise the first and most important rule of discipline-namely, to receive the lawful commands of his superior officers with deference and respect, and execute them without delay. The lawfal orders and commands of magistrates are to be at once obeyed. Magistrates should always be saluted when met, and a constable when addressing a magistrate or giving evidence in a court of law should stand in an upright and respectful position.
Members of the constabulary should always bear in mind that they are a preventive as well as a repressive force—that the prevention of crime is of even greater importance than the punishment of criminals, and that their ceaseless endeavours for this end may operate quite as usefully in maintaining the peace of the country, and infusing into the community a confidence in their vigilant guardianship of person and property as their most strenuous and successful efforts for the detection and arrest of offenders.
Maxims for Officers serving in a Police Force. 1. Constables are placed in authority to protect, not to oppress, the public.
2. To do which effectually, they must earnestly and systematically exert themselves to prevent crime.
3. When a crime has been committed, no time should be lost nor exertions spared to discover and bring to justice the offenders.
4. Obtain a knowledge of all reputed thieves, and idle and disorderly persons.
5. Watch narrowly all persons having no visible means of subsistence, and repress vagrancy.
6. Be impartial in the discharge of duties, discarding all political and sectarian prejudices.
7. Be cool and intrepid in the discharge of duties in emergencies and unavoidable conflicts.
8. Avoid altercations, and display perfect command of temper under insult and provocation, to which all constables are occasionally liable.
9. Never strike but in self-defence, nor treat a prisoner with more rigour than may be absolutely necessary to prevent escape.
10. Practise the most complete sobriety; one instance of drunkenness will render a constable liable to dismissal.
11. Treat with the utmost civility all classes of Her Majesty's subjects, and cheerfully render assistance to all in need of it.
12. Exbibit deference and respect to the magistracy.
13. Promptly and cheerfally obey all superior officers, recollecting that he who has learned to obey will be considered best qualified to command.
14. Render an honest, faithful, and speedy account of all moneys and property, whether intrusted with them for others or taken possession of in the execution of duty.
15. Be perfectly neat and clean in person and attire. 16. Never sit down in a public-house or beershop.
17. It is the interest of every man to devote some portion of his spare time to the practice of reading and writing, and the general improvement of his mind, for ignorance is an insuperable bar to promotion in the police service, as well as in all other services and walks of life.
LEGAL PRINCIPLES, TERMS, DEFINITIONS, &c.
THE LAW OF ENGLAND is divided into two kinds--the common law and the statute law.
The common law includes the general customs, or the common law properly so called ; also the particular customs of certain parts of the kingdom.
The statute law is made by Act of Parliament.
Ignorance of the law is no excuse for breaking it, as every person is supposed to know the law.
A sane man is conclusively presumed to contemplate the natural and probable consequences of his own acts, and therefore the intent to kill is conclusively inferred from the deliberate violent use of a deadly weapon.
BURDEN OF PROOF.—The onus of proving that a person is guilty of the crime with which he is charged lies on the person who asserts it. In all criminal proceedings it is for the prosecution prove their case. The law presumes a man to be innocent until the contrary appear.
EVIDENCE OF AN ACCOMPLICE.-An accomplice in crime may be accepted as a witness, or “Queen's evidence," against his companions ; but his testimony must be corroborated. It is not essential, however, that it be corroborated in every particular, for in that case his evidence would be superfluous.
Regarding direct and circumstantial evidence, see title “ Evidence" (GENERAL SUBJECTS), post.
COERCION.-If a married woman commit theft or other like offence in the company or by the coercion of her husband, she is not considered guilty, as she is presumed to have acted under his compulsion, and not of her own free will; but this presumption is rebattable by proof that she acted voluntarily.
In treason, murder, manslaughter, and the like, no presumption of her husband's coercion shall excuse his wife's guilt.
ACQUITTAL.-A person who has once been tried by a jury for any indictable offence and acquitted of the charge cannot under any circumstances be again tried for it, notwithstanding that additional evidence may subsequently be obtained. This is not the case, however, with prisoners discharged by magistrates, who can be re-apprehended if any new facts are brought to light.
See also title “Attempted Crime,” infra.
Definitions, Terms, &c. AFFIDAVIT.-An affidavit is a written statement upon oath taken before a person duly authorized to administer the oath.
EXHIBIT.—This term is usually applied to a document referred to in, but not annexed to, an affidavit, sbown to the witness when the affidavit is sworn and referred to by him in his evidence.
CERTIORARI.-- Certiorari (to be more fully informed) is the name of a writ issued from the Queen's Bench Division of the High Court of Justice. It commands, in the Queen's name, the judges and officers of inferior courts to certify and return the records of a cause depending before them, to the end that the party may have more sure and speedy justice.
CHATTEL.—A chattel is any article (not in the nature of freehold), either movable or immovable, belonging to a person.
CRIME.—A crime is the violation of a right when considered in reference to the evil tendency of such violation as regards the community at large (4 Steph. Com. 6th ed. p. 94)
Crimes consist either of misdemeanors or felonies.
In our law misdemeanor is generally used in contradistinction to felony, and comprehends all indictable offences which do not amount to felony, as perjury, battery, libels, conspiracies, &c. (a).
ATTEMPTED CRIME.—Every attempt to commit a felony or misdemeanor, or to incite another person to the commission of an indictable offence, is a misdemeanor unless otherwise provided for by statute, as in the case of attempted murder, which is felony.
On an indictment for the offence the party charged may be found guilty of an attempt, if it appear that he did not complete the offence (14 & 15 Vict. c. 100, s. 9); and a person indicted for a misdemeanor is not entitled to be acquitted if the offence turn out to be a felony, unless the court shall so direct.
(a) For definitions of felonies, their punishment, &c., see titles “Treason,” “Murder," “ Rape,” “Robbery,” “Arson,” “ Larceny,” &c., under heading GENERAL SUBJECTS, post. See also p. 71 as to punishment of first-class misdemeanants.
COMPOUNDING HELONIES.—Though the bare taking again of a man's goods which have been stolen (without favour shown to the thief) is no offence, yet where a man either takes back the goods or receives other amends on condition of not prosecuting it is a misdemeanor, and so in any other felony an agreement not to prosecute an indictment for reward is a misdemeanor.
By 24 & 25 Vict. c. 96, s. 108 (the Larceny Act), and c. 97, s. 66 (the Malicious Injuries Act), justices are empowered to arrange a com. promise after a summary conviction for a first offence against either of these Acts.
MISPRISION OF FELONY.—A man who knowing a felony to have been committed, be having been no party to it, and conceals it, is guilty of misprision of felony, which is a misdemeanor.
DEPOSITION.-See “Information,” p. 70.
FEBÆ NATURÆ, ANIMALS.-Beasts and birds of a wild disposition, such as deer, hares, coneys in a warren, pbeasants, partridges, &c., as distinguished from those domite naturæ, or tame, such as horses, sheep, poultry, &c. They are not whilst living the subjects of absolute property, but a man may acquire a qualified property in them either by his reclaiming and making them tame by art or industry, or by so con fining them that they cannot escape, as deer in a park, hares or rabbits in enclosed warren, &c.
FIERI FActas.—This writ, usually called fi. fa., is a command to the sheriff to seize the goods and chattels of a party who has been adjudged in any of the Queen's courts to damages or costs. All personal property may be taken except wearing apparel to the value of 51.
HUE AND CRY.—The old common law process of pursuing with horn and voice felons and such as have dangerously wounded another.
HABEAS CORPUS.-Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his capture and detention, and to do, submit to, and receive whatever the judgo or court shall consider in that behalf. It may be issued by any division of the High Court of Justice, and runs throughout the Queen's dominions.
INDICTMENT.-An indictment is a written accusation of one or more persons of a crime preferred to, and presented on oath by a grand jury. The accusation is called a bill when presented to, and an indictment when found by the grand jury. Twelve grand jurors must find for a “true bill.”