To every man his due; Under arrest

The queen of heart she made some tough shots of some of the day the names of pilots he stowed those tots and took quite away. Moaning slide down content this day. Oh yes my lord. Oh you know who I am. Oh yes my lord you're the young lord of the manor. Been away to school you have my lord you can turn loose now I know what my lord you all fall in lock down just have that tugging your forelock catch me yes my lord hardly know who anyone is around the matter with all this forelock tugging going on I can't see the faces Yes my lord Great heavens what a mess my lord your hands one body tugged your forelock with muddy heads made a muddy mess and your yap tot my Lord taught Jerry taught have one but it's a very you know you think you are my lord I hand to my be not surprising I can't understand it my man. A man may sometimes play in the mud and quite happily too. But a grown man shouldn't Not

really. And smearing mud on a perfectly fine way to work seems a bit out of place. I beg your pardon my lord but it isn't Wicker it's wattle walk you live in a masonry manner my lord. My houses walk alone dog but I am not wiping mud on my wicker I am dubbing my Waddle daubing you all waffle. Let's. Take a tot. I just couldn't mylar yet take my silk handkerchief and wipe your heads I just I said wipe those happens and take these toxins. Yes my lord. But mind the juice. You see there's cherry juice all over my hand. You will get. High and your recommended top 35 it's. Very serious. Come on try a nerd who is Brohm drawing a human pride swineherd a fever chart think you're right herd you Charlie and he I guy while I was watching my daughter away Hungama dark

haired brave for being confused. Caught your red hair and didn't want to but I didn't did was the young lord he came here and he shoved the card upside down in my hands. See here's his silk monogrammed handkerchief. I was watching my doctor nor sure you were while being the manner of darts in Silchar just look here Sheriff this is too serious for joy and I know it is my man you have been taken red handed by the urine grog and there isn't much more serious than that. Come along out kids. Are you resisting your own pride. 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 a prank my man you're drunk get it change your caught red handed by the EU and grog you are entitled to sex formalities as a formal accusation enticement or or even appeal. And you most certainly aren't

entitled to say anything in self defense. In short you are stood convicted and condemned when you are caught. Now 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. More emotion Gager speak to me as a private person. I'm killed three weeks ago. There had never been a tarde theft 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 targets right. Yeah in the three weeks since his return there have been 47 cases of shark theft in the county. Forty seven men have been taken by hue and cry. I make forty eight. Don't you wonder why home are going to murder. Oh ours 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 your horn blowing my buck to catch supposed criminals I ought to be considered innocent until I'm proved guilty. I ought to have my day in court right now marks I have never stole a card in my life I am not a thief I've never even stolen as much as it used to waddle in my life. In England several centuries ago the hue and cry served the function of the police. The hue is the sound of the horn. The cry was the cry of the company. Most men of the county over the age of fifteen 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. Sun whose stove each watch was made by her and cried. Thanks. To every man his due in 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 broadcasters. Now under arrest. There are in the United States today more than one hundred and seventy five

thousand policeman. Their job is complicated. It's the way Ricky Jones. Is that loud enough Officer Smith louder Roky Johns. That's about as hard as I can knock the door might split. I'll just try this great great heavens Jones Don't touch that and I don't turn that knob do 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 it's the law. Well that's pretty technical but it's the law. 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. They were up front and say you know what you're going to do with Iraq and say they are lying and tell you No but tell you what I'm going to do where they say and their cause cops. I mean I would talk about Iraq. I hope it isn't private citizens unless they have private reasons to fight with drunks. The mad restrain the violent. Why do I have. Yes. All right lady all right. Some of that glass where you're throwing went out the window and hit a man in the street. Now come on calm down you. Know. And the work of the police often

enough goes on appreciated. Was. What. All right let's see your driver's license please. Oh OK OK so you're caught me you caught me. I shift at the second I didn't stop at the sign. So OK. And you would just wait. What were you doing when they held up my stall last week. I'll tell you sitting here in your little bit through Rollwagen picking on people is my license. What's this tucked in here over the license. Well I declare it's a $10 bill. What you just oh isn't doing their office. If 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 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 establishes 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't easily influence he's in the position of a man caught by a hue and cry. It's then too late to protest the system. Streets may be kept in reasonable repair when each homeowner protests the outside his own driveway. But with the police it's a different matter. Go ahead Ricky Johns. Give the bum a good beating. Legal Officer Smith but that's not the question is it acceptable.

That's the 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 neurosis capable of hate ambitious perhaps fearful perhaps. For example in the case of the fresh green grass one morning Officer Smith. Hi good morning Mr. Rowe. It's a lovely day lovely day Smith. How are things going down at the plants. Oh I see you have a new side garden big to keep off the grass. Good idea fine idea who has I guess you don't mind my following my path to you. No point in a man walking through the park if he has to stay on concrete I say.

Yes sir 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 top human. Indeed and so is this you know there you're there you know. Yes you don't you see that sign. Well I had my Snipes nagger by profession indeed a kind of a bum and I thought you know. And if I catch you on the grass again I'll give you a better beaten than that good for you Officer spit. 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 and play on the grass mam I am Officer Smith doesn't my knee won't hit me with his club. Of course not junior run along. OK I'll be careful. I need a car.

Oh put it back to you. Not ideal expended a. Nice boy as a 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. You've got to know your people rocky like a banker you've 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 Rowan. No sir but just as. 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 tall and 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 bomb. He smelled the gin he just had martinis with me I'll tell you something. You straighten out this police force all of it to wear tights. 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 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 guilty. Tara 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 him truly 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 Bob the block with all those people in it cars can 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 want him to market. She's a wench. Shorter it is him which showed him.

I do believe they all might be which is short of all do you want to know. 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 innocent may be wiped out in order to get at the guilty. Therefore we believe when a 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 the question What's all this I think got to do with them. Dirty cops 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 is 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 fitted 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. Jones We got to catch those bank robbers but I can't shoot. There's a school that's the only way we can stop them. But if I shoot I might hit one of those kids you know we got to get those guilty man I bullshitted 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. Are you hurt. No you. Little lady stop poking me with that umbrella. Tell me that got. Me my job until this time I come. Home I get that. Just in time. This point is. What do you mean that bandits get away you. Can't. Even Know. When 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. Shall the police spray a busy sidewalk with a submachine gun slugs in an effort to stop a bank robber or even a murderer. Day to Day 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 all 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 0 8 and hold them for a few days we'd break it. But that guy would 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 the good 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 kitty to the ice cream store for a soda. Well it all depends. I can't arrest him for a misdemeanor unless I see him commit one. And with this little kid 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 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 John's a 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 sure you've got this guy learn you are and you can handle him with a simple Come along hold right. Yeah but I'll write you gotta go you can't handle that way. He resists. I may have to pull your

gun or call for help you got a guy with a gun you've got a gun. Yeah 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 add 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 he's 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 they come by night kidnap and destroy a secret police of the dictatorships. They do not suffer the violent hatred. Good citizens hold for secret police. We've come a long way from the freewheeling merry 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. Why. Was I here. To every man his due is produced by Radio station 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.