To every man his due; Under arrest

The queen of heart she made some tugs on some of the day the names of hearts he stole those tots and took quite a way. My money was wide content this day. Oh yes my lord. Oh you know who I am. Oh yes my lord your the young lord of the manor. Been away to school you have my lord you can turn loose now what. My lord your forelock don't just have that get you off warlock asked me. Yes my lord. How do you know who anyone is around the matter with all this forelock tugging going on. Can't see their faces. Yes my lord. Great heavens what a mess my lord your hands one body tugged your foot a lot with muddy heads made a muddy mess and your hair. My Lord taught Tara taught that one but it's a very you know thank you oh my lord oh my hands are too mighty Not surprising I can't understand it my man. A man may sometimes play in the mud and quite happily too but a broken man

shouldn't Not really. And smearing mud on a perfectly plain wicker work seems a bit out of place. I beg your pardon my lord but it isn't Wicker it's Waddle walk. You live in a masonry manner my lord. My houses wattle and daub. I am not wiping mud on my wicker I am dubbing my Waddle daubing you all want to. Go down. Let's think you. Take a shot I just couldn't mylar yet take my silk handkerchief and wipe your head and I just I said wipe those hands and take these tops. Yes my lord. But mind the juice. You see there's cherry juice all over my man. Oh that's how you get high and you're red handed. Top right I dare say. Come on try her own drawing your own private run or ride a heartache.

You write her you Charlie and I while I was while being my daughter away from John Mark Karr and bravery were being confused. Courts you're referring to didn't do but I didn't did was the young ruler he came here and he shoved the tart upside down in my hands. See here's his monogrammed handkerchief. I was watching my daughter North being the manner of darts in Silchar to hear here. This is too serious for joy when I know you have been taken red handed by the bride and there isn't much more serious than that. Come along out kid. Sorry you are resisting to your own cried he wouldn't dare not dad. I was just trying to say that I couldn't prove with good solid evidence that I didn't take those targets. Just give me a chance for just the prank my man you were drunk get it change your cock redhanded by the way you and crack you aren't entitled to sex formalities as a formal accusation

enticement or even appeal. And you most certainly aren't entitled to say anything in self defense if you are stood condemned when you are caught. Come on wall right. But just for fun for my own benefit and your information may I say something to you as a private person so to speak. MAURY Yes indeed or speak to me as a private person until three weeks ago there had never been a tart step in this county right there right. The young lord came back from school three weeks ago right. Right. He is known to be inordinately fond of tarts. Right here in the three weeks since his return there have been forty seven cases of Tarth theft in the county. Forty seven men have been taken by hue and cry. I make 48 Don't you wonder why home are good words not to reason why. But you are good

are you. Well I hope someday someone does something about the hue and cry. There is something monstrous about sending a hot headed shouting horn blowing my about the supposed criminals I ought to be considered innocent until I am proved guilty. I ought to have my day in court. Right now Mark's right never stole a card in my life I am not a thief I've never even stolen as much as if he's a wobbly. In England several centuries ago the hue and cry is serve the function of the police. They use the sound of the horn the cry was the cry of the company. Most men of the county over the age of 15 had to turn out and join the chase at the sound of the hue and cry. Anyone caught with a trace of the crime about him more or less stood convicted he couldn't defend himself in court and he couldn't defend himself on the spot if he resisted he could be killed. Efforts were made to regulate the hue and cry. It was never a very

satisfactory kind of police force. The queen who made she never wondered why a. Son Who. Was mean and cruel. To every man his due with a series of radio programs about the principles of justice. To every man his due is produced by radio station WAGA at the University of Wisconsin under a grant from the National Educational Television Radio Center in cooperation with the National Association of educational broadcast.

Not all under arrest. There are in the United States today more than one hundred and seventy five thousand policeman. Their job is complicated the way Ricky Jones knock it is that loud enough Officer Smith louder Roky Jones. That's about as hard as I can knock the door might split. I'll just try this. Great heavens Jones Don't touch that. Don't turn that knob you want to break the door down. Look I may be a rookie and Fun's fun but you encourage me to hammer the daylights out of that door. Now don't try to tell me I'll break it by simply turning the knob you certainly will. You can break a door with a hammer. You can also break a door with your little finger. If you turn the knob with it that's the law. Well that's pretty technical but it's the law. No knock again really busted a good one. The job of the police is complicated and dangerous.

In 1959 forty nine policemen were killed in line of duty. The job of the police is Day to day thing right. So you're what you're gonna do with Iraq and say they are going to have to you know tell you know what I'm going to do where they say and they're cops. Yeah. I mean I would talk all ov Iraq. It isn't private citizens unless they have private reasons to fight with drunks. The Bad and restrain the violent. Why yes you are yeah. Right lady all right. Some of that glass where you're throwing went out the window and you had a man in the street. Now come on calm down.

You. And the work of the police often enough goes on appreciated. Was. All right let's see your driver's license please. OK OK so you're caught me you're caught me. I shifted the sack and I didn't stop at the sign. So OK and you would just wait. What were you doing when they held up my store last week. I'll tell you sitting here in your little bit through a wagon picking on people is my license. What's this tucked in here over the license. Well I'll declare it's a $10 bill. What officer you just oh isn't doing their office. You don't know I just don't think I'd better tell you. No I don't think you'd better come on follow me you're going down to the station. Follow me and take it. Trouble is the whole

force is corrupt. It's been said of almost everything in our society that the American people get what they demand and deserve. It's been said of our police and it's true the truism is true of our society and of others as well. People who choose dictatorship get police who come in the night kidnapping citizens practicing torture and terror. Americans have a much wider range of police possibilities from which to choose. Police business generally speaking is local business in this country. Our police work in more than 40000 separate police jurisdictions counties cities villages townships and towns each is shaped to the demands of the local citizens. There are some jurisdictions in which honest truckers expect arrest almost as a matter of course. There are others in which dishonest truckers know whom to pay. There are some cities in which arrested citizens have been known to disappear for

days from lawyer family and friends. There are others in which brutality is almost routine and there are many in which the police are efficient professional dependable and lawful. Each state to stablish is the legal rules under which its police forces operate but each community creates the patterns the police follow in fact and it's a fact that each individual in each community shapes the community police force by his response toward police behavior with people other than himself the individual involved with the police can easily influence he's in the position of a man caught by you and cry. It's then too late to protest the system. Streets may be kept in reasonable repair when each homeowner protests outside his own driveway. But with the police it's a different matter.

Go ahead give the bum a good beating. Legal Officer Smith but that's not the question is it acceptable to question and it is him the citizen who accepts brutality today when it's dealt to someone else may have to take it himself tomorrow and then it'll be too late to protest. The system will be established the pattern set because the fundamental fact about policemen is that they are human creatures of habit. Members of the community capable of psychosis and. Capable of hate ambitious perhaps fearful perhaps. For example the case of the fresh green grass. Good morning Officer Smith. Hi good morning Mr. Oh it's a lovely day lovely day. How are things going down at the plants. Oh I see you have a new side. Gordon big to keep off the grass. Good idea an idea who has I guess you don't mind my following my path to

you know point and a man walking through the park if you have to stay on concrete I say. Yes there you go right ahead sir. Oh Mr. Oh about that job for my son. Oh yes talk to me tomorrow. I think I can swing it. Lovely day human indeed and so is this you know there you're there. Yes don't you see that sign. Well I am a sniper by profession and need a kind of a bum and I go out there and if I catch you on the grass again I'll give you a better beating than that. Good for you. Those men men like that are a disgrace to the city. They ought to be kept out of the pox ought to be kept in their hobo jungles. Gracious knows what influence they might have on our children. Run it but I do on the grass Mama surely Officer Smith doesn't my knee won't hit me with his clock. Course not junior run along. OK I'll be careful.

On the car. Oh put it back do you. Yeah my deal extended a calling. Nice boy as the sapling grows so grows a tree a rookie Joe yes Officer Smith but how come you can slug one fellow with a billy and smile and another fellow for the same offense the law says long ago Rock You got to know your people rocky like a banker you got to know the community. You heard the lady thanked me but the law was a rookie. Do you want to be the one to run roll him. No sir but justice Marston. I tell you consul members I want something done about it. A customer of mine my best customer a man who supports my plant and you all beaten robbed and beaten his clothes torn his wallet gone and dumped in the park where he was beaten again by Officer Smith. I thought he was a bum but he was a bum. Mildred June just had my keys with me. I'll tell you something

you straighten out this police force all hit you where it hurts. I happen to have the only piece of industry in this town beat up another customer and I'll move. There are states with lower labor costs you know. Talk about justice. Conclusion every police force reflects the community in which it operates. However there are limits set by state constitutions and by that larger community the Federal Union under the Constitution of the United States. No citizen may be deprived of life liberty or property without due process of law not by the federal government not by a state. No community can turn its police force into a mob hewing and crying after the blood of its victims. The rules which regulate American police forces are based on the keystone of

our system of justice. Protection of the innocent is more important than capture or conviction of the giftee. Or as Voltaire put it it is better to risk saving a guilty person than to condemn an innocent life. Our system of justice is based on that simple statement and so is the system of justice in every country in which men govern themselves and live in freedom. Freedom can't be maintained under any other system for example or serve serve someone drew up the ammunition dump. Drew we won't truly serve you can you find him. No sir we just can't prove who he was but we do know it was someone in this block right here then went up to the block with all those people in it took cars can't afford to have a wild man running around loose can we. Besides that block is overloaded with members of the opposition

or here's some candy. Name him. He's a witch she would. You might get. He's aware it's shorter and easier which showed him I do believe that you know might be which is short of all you do. Come on kid watch it slap you silly. I'm feeding you candy to get rid of the opposition. I watch it. Now let me tell you who else I want to get rid of. It can be shown philosophically that free government can't survive where the innocents may be wiped out in order to get at the guilty. Therefore we believe when the hanging crime is committed it is better to hang the person who committed it and then to hang an innocent person. There is also a practical argument to support that belief. But at the moment a question What's all this got to do with them. Geraghty Exactly. Look at the policeman on any busy street. He's the

only armed man present. The only person equipped on the spot for the convenient taking of human lives. Back at the station house his fellow officers command enough firepower to shoot almost everyone in town. Furthermore he and his fellow officers have physical command of the only building in town. In most towns that it out with cages for human beings. If ours were a law of the jungle survival of the fittest kind of society the local police could become Tigers run wild. But ours is not that kind of society we live under law and our laws are based on the assumption that the innocent must be protected. Consequently the police must use their guns and cages with great care day to day. They must make this kind of decision. Officer Smith you're driving too fast. We've got to catch those bank robbers shoot rookie John but I can't shoot.

There's a school and that's good the only way we can stop them. But if I shoot I might get one of those kids you know we got to get those guilty man I don't shoot I might hit an innocent kid. If you had paid attention to your driving and left the shooting up to me this wouldn't have happened. Why didn't you watch where you were going I was watchin rocky but a little old lady stepped out in front of the car I couldn't hit her or you hurt no. You. Know Lady stop poking me with that umbrella. To me. By driving through it when I come then you. Might get that. Just in time. The point is. What do you mean let bandit get away. Then. The point is Shall the police drive 60 miles an hour through a school zone in pursuit of fleeing bank robbers. Is the capture of a bank robber worth a child's life. Sell the police spray a busy sidewalk with a submachine gun slugs in an effort to stop a bank robbery or even a

murder day today. At the moment of Hopton violent action the police must make decisions in terms of a cool and gentle philosophy. Protection of the innocent is more important than capture or conviction of the guilty. Consequently the decisions as much as possible are made ahead of time through laws and rules which control the actions of the citizens with guns and jails. Although the laws vary from state to state there are general rules which relate to police action. In this phrase nor shall any state deprive any person of life liberty or property without due process of law. Detectives police captains and patrolmen on film and on TV are often heard to say. If we could just pull them in. All in all it and hold them for a few days we break it. But I gotta have some smart lawyer down here and they'd be out in 20 minutes.

It's a stink and it's a stinking shame that this attitude has become a literary convention. At the very least arrest means loss of liberty. Our police are not authorized to go fishing among the population like a shark among mackerel depriving whom they will of Liberty policemen are not equipped for it. Not by training and not by the emotional circumstances that surround their work. Theirs is the job of heat and fire and they bear the force of public pressure. Individual liberty and finest product of our society cannot be left to the caprice of men under pressure and on the firing line. It is protected by law. These are the laws that control the process of arrest the taking of freedom. OK Jones Yes sir. If you see a person commit a felony and you arrest him yes or on the spot and without a warrant. What if you see someone commit a

misdemeanor. I can arrest him on the spot without a warrant or I can arrest him after hot pursuit. Otherwise I can't arrest for a misdemeanor without a warrant. Although there are some exceptions. OK OK here's this guy he's going down the street just never a day citizen. He's taken his little kid to the ice cream store for a soda. Could you arrest him. Well it all depends. I can't arrest him for a misdemeanor unless I see him commit one and with his little kid and all and unless I had a warrant. But if I had a reason to believe a felony had occurred and if I had good reason to believe that that particular man had committed the felony I could arrest him. All right suppose you make the wrong arrest at the wrong place the wrong time. The guy could sue me for false arrest so watch out for those fellows taking their kids to ice cream stores it looks good in court. Generally the rule is that the police may arrest for a misdemeanor committed in their presence or in hot pursuit. Otherwise they must convince a

third party a judge that there is reasonable grounds for believing that a particular person committed a particular misdemeanor. After doing this they may obtain a permit or a warrant to make an arrest and deprive a citizen of his liberty. The police may not arrest on suspicion in the case of a misdemeanor. The police may arrest for felony without a warrant when they have reasonable grounds for believing that a particular person committed a particular crime. The reason why the law of arrest is stricter for misdemeanors than for felonies is that society's interest in apprehending perpetrators of minor offenses is not sufficiently great or urgent to justify waiving the more preferable procedure of arrest on the authority of a warrant issued by a magistrate. Well Jones how much I can use all the force that a reasonable and prudent man might think necessary to make the arrest. I can't do more than that very very good. Now look Smitty Officer Smith Look that's easy to say but it's going to be a

hard decision to make servile. You've got this guy learned you are and you can handle him with a simple Come along hold right yeah but I don't know if you've got a guy who can handle that way. He resists. You may have to pull your gun or call for help you got a guy with a gun you've got a gun you know but look here I go into a dark alley say about 2:00 in the morning and there's this little bitty guy and I see him just for a minute and then he jumps into a dark corner. I've got to arrest this guy. I hear him making noises like it might be cocking a pistol and there I stand in the middle of the alley as big as an elephant and back lighted a perfect target. What do I do. You arrest him or call for help. If you can read there I am a Bull's-Eye I can't leave him to call for help. How do I arrest him. How do I find out if he's got a gun or you find out if you've got a good. When you walk into that dark alley to arrest him you'll find out all right. You know somehow in some ways things seem a little loaded against us in a sense.

Things are loaded against the police in any free country indeed free men have the right to resist unlawful arrest. In some states even to the point of taking the life of a police officer but reasonable and prudent citizens are wise to protest an unlawful arrest at the station house or in court and not with violence. Reasonable and prudent policeman in a free society accept the rules that hobble them in their work. If they work under handicaps unknown Do they come by night to kidnap and destroy a secret police of the dictatorship. They do not suffer the violent hatred. Good citizens hold for secret police. We've come a long way from the free wheeling horn blowing mob of the hue and cry. We deliberately handicap our police. We must do so as long as we believe protection of the innocent is more important than capture or conviction of the guilty.

The maintenance of individual liberty requires that the actions of our police and the deliberations of our courts be founded in that simple philosophy and plain hard practical fact supports the philosophy. Consider the Queen of Hearts the Queen of Hearts who may say never wondered why her son who was mean by a hue and cry. To every man his due is produced by radio station WAGA of the University of Wisconsin under a grant from the National Educational Television and Radio Center and distributed by the National Association of educational broadcasters script by Milburn Elizabeth Carlson content consultant David film and music by Don vaguely. Production by Carl Schmidt. This is the NOAA radio

network. You're. You're. You're.

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