Archive for October, 2011

The Third Degree

Thursday, October 6th, 2011

This is an arcane term for interrogation techniques which were quite common in the early 1900′s.  Though the origin of the term is debatable it is closely identified with a form of questioning which is verbally and physically rough on the individual.  It is, in some quarters, a euphemism for physical violence used to obtain information or confessions.  As the Supreme Court stated in Blackburn v. Alabama 361 U.S. 199 , “the blood of the accused is not the only hallmark of an unconstitutional inquisition.”

Actually the method of interrogation today is no less persuasive than that described in Blackburn, it is, however, far more subtle and insidious.  The Reid method of interrogation is just as effective.  This method is as capable of being used to obtain false confessions  as any other method.  Most people, including police officers of all stripe, believe that a confession is a simple “I did it.” statement.  Virtually anyone is capable of being brow beaten into this sort of confession.  Long periods of  interrogation.  Refusal to permit toilet or breaks for food or water.  Repetitive statements which mis-state the evidence, including outright lying about it.  I once had a detective admit, in front of the jury, that it was an accepted and permissible interrogation technique to lie to a suspect.  Remember even if you are innocent, if you are being interrogated you are a SUSPECT.  Do not attempt to explain anything, it will not be recorded the way you intended.

How do you defend yourself against such abuses?  You must have counsel present and you must clearly refuse to answer any questions without your lawyer being present.  Do not ask if you need a lawyer.  Do not ask if it is a good idea to have a lawyer.  If you are asking these questions the answer is yes, you need a lawyer immediately.