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Melvin Belli — Part 7
Page 32
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PLAYBOY
tion division. I-sgmebody is heat r
brutalized by a policeraan, these uses -
are investigated by the police them-
selves. If he finds cause, Superintendent
Wilson takes che matter to the state's ae.
torney’s office for prosecution. We are
proving in Chicago that the police can
supervise themselves when the public de-
mands it.
BELL: Well. I'm not so sure about that;
but my fear for our civil liberties is not a
fear of police brutality or corruption. I °
think the average cop on the beat is
doing a hard job well. What scares me is
the greed for power of people like ]. Ed-
gar Hoover and the far-right extremists
who yearn for a police state. These Su-
preme Court decisions which they so
abominate aren't making the policeman’s
job tougher: they're putting the bridle on
Hitlerian bastards who have no place in
our democracy. If we want to preserve it.
we need only two inviolate rules, in ad-
dition to the writ of habeas corpus and a
judge-and-jury system: (1) You don't have
"to -ay anything that may be used against
you, and (2) you're entitled to a lawyer.
If we can preserve just those two rules,
we will be able to preserve our de-
mocracy. If vou could get just those two
Suarantees in’ Russia or China, those
countries would be so changed that you
couldn't tell them from the United
States. Su let us not, in God's name, lose
those guarantees here.
INBAU: We're not about to lose them,
Mr. Belli. But we cannot preserve law
and order when all our concern is on
civil liberties, for civil liberties cannot
exist except in a stable, safe society. To
have civil liberties without safety of life
and property is a meaningless thing. We
cannot abolish the police and still main-
tain an orderly society, nor can we im-
pose so many restrictions on them that
they -agzapowerless to prevent-erime and
apprehend criminals. Court decisions
seeking to force the police to behave
properly by releasing obviously guilty
persons will not protect our liberties in
the long run. The prime power police
slfould have to combat crime effectively
is the right to interrogate suspects pri-
vately for a reasonable length of time
hefore arraignment. Again. 1 emphasize
that the suspect must not be mistreated
and he must be informed of his right to
remain silent. But the police must be
allowed to question a suspect in private,
or law enforcement as we have known it
will- become a shambles. If police are de-
prived of this basic right, we must brace
ourselves for an avalanche of crime even
freater than we suffer from today.
COOK: I disagree completely. Regardless
of the needs of law enforcement, we
must preserve our liberties at all costs.
The survival of each of us as an in-
Move on, . oo .
our liberties, we are that much closer tc
disappearing into a «ast, faceless police
State, just as Mr. Belli fears, and human
society will become _ indistinguishable
from a termite colony. I concede that we
may have more lawlessness today than in
the past. but I don't feel that there is a
cause-and-eflect relationship between in-
creasing crimes and court decisions that
protect civil liberties. No, our whole mor-
al tone is lower, thanks chiefly to our free-
enterprise-racket society, our scramble
for personal gain. You sce evidence of
this lax moral tone, to name just one
example, in the widespread practice of
robbing insurance companies by making
excessive and fraudulent claims. When
the litde guy at the bottom of the heap
sces those at the top taking moral short
cuts, rigging prices contrary to the law,
cheating on taxes, he figures it's only
smart for him to grab his own picce of
the action, In this kind of society. you're
going to have more crime regardless of
expanded or curtailed police power. The
protection of individual civil liberties
has nothing to do one way or the other
with the crime rate; but in any case, they
must be preserved.
RUSTIN: I upree with Mr. Cook that the
society we live in docs not really want
true law and order, or at least is not
willing to make those reforms that will
lead to true law and order. In terms of
human rights. the policeman is the patsy
for our society: he is the instrument for
enforcing a basically unjust system. Po-
lice just cannot accept poor people as
being of the same value as those who
have made it. Any effort to improve law
and order by increasing the number of
police or their powers is doomed to fail.
All you achieve is to create a larger num-
ber of corrupt policemen. As long as so-
ciety tolerates bad housing. antiquated
school systems and massive~unenploy-
ment, it will be. impossible to maintain
law and order. Reliance on police power
has not prevented and will not prevent
outbreaks of lawlessness like the riots in
Watts and Harlem. These controversial
court decisions. far from cncouraging
crime, are merely a small first step toward
a larger justice. Without this minimal
protection of civil liberties, law and order
would be inipossible. For a more orderly
and just society, we must tear down
slums and build decent housing, throw
out our 19th Century school system and
set up schools to prepare people for the
technological society of this century, to
provide fyll and fair ‘employment for all
people. Without reforms, we will be
faced with increasing disorders regardless
of the powers given to police. In the cor-
Tupt society of today, the policeman is
just part of the widespread decay of
morals. The police are themselvés pris-
“lice problem simpler. it would call
not for more policemen with more po-
lice powers, but for more justice. Who
knows: Perhaps someday it will.
PEMBERTON: Big government-—and that in-
cludes its law-enforcement arm—threatens
to become so powerful that to preserve
the kind of democracy we've enjoyed in
the past, we are going to have to inhibit
rather than increase its power. Law in a
democracy is always enforced more effec:
tively by moral sanction than by police
force. Respect for the law is the most
important factor in maintaining law and
order. And to preserve respect for the law.
a society must have kuw-abiding police-
men. If we maintain a police force re-
cruited from superior types of citizens and
trained in the best modern techniques
of police work, it will not be necessary
to abridge personal freedoms in order to
preserve the peace. The public will re-
spect the law because the police them.
selves respect the law.
LEIGHTON: J agree. We are.demonstrating. °
in Chicago that improvement of police’
communications, equipment, training
and internal discipline does more for
law enforcement than a dubious curtail-
ment of civil liberties.
LOHMAN: Giving the police greater au-
thority to abridge the rights of individu.
als is certainly not the answer. What
must be done nationally, as is being
done in Chicago, is to recruit a higher
type of rookie and twain him in the lat
est investigative techniques. But he must
also be made to understand what civil
liberties are, and what restrictions he
must accept. Hf he learns his police work
well, he will find that those restrictions
do not hamper him.
TURNER: The modern recruit. is already
far superior to the old-time cop. In San
Jose. California, for instance. 80 to 90
percent of the police are colleg*%radu-
ates. Gradually a superior brand of po-
liceman is crowding up from the bottom
to replace. -the old-fashioned . martinet.
who came up the hard way and hasn't
even heard of such a thing as civil liber-
tics. We still have a long way to go be-
fore we reach Utopia, and we'll probably
never quite reach it, but the quality of
policemen is improving every day.
Meanwhile, the courts are performing
an absolutely vital function in protect:
ing the individual against the crushing
power of the state. Professor Inbau ap-
parently feels that a clearly guilty person
should be convicted regardless of police
intrusion on his liberties: but once the
police have a foot in the door, once
they are permitted to violate anybody's
civil liberties whether that person is
clearly guilty or not, it will be no time
-at all before we lose the civil liberties of
everybody, guilty and innocent alike.
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