Originally published in The Vidette-Messenger of Porter County on March 1, 1941.
Police Hear Basic Laws Of Evidence
Police officers attending the sixth weekly lecture in the regional training course in traffic enforcement and public safety held at City Hall Friday afternoon heard a splendid discussion on the basic laws of evidence by Attorney William J. Davis, of Chicago, assistant manager of the Automobile Protective and Information Bureau.
About 20 police officials from Lake and Porter counties attended the meeting which was presided over by Sergeant Paul T. Beverforden, of the Indiana state police. Captain H.L. Hubbell, in charge of the U.S. soldiers taking training at the Dodge Radio and Wireless Institute, was a guest. Sergeant Beverforden will lead the discussion next Friday on “Public Relations.”
Must Know Law
“It is essential that police in investigating traffic accidents or other crimes know the law of evidence,” Attorney Davis said. “They must know what is admissible and what is not; how to collect evidence which will be admissible; what are the essential elements of crime charged; what evidence is admissible to prove these elements, and what is law and what is evidence.”
Attorney Davis stressed the fact that written statements are valuable in keeping witnesses in line and enabling the prosecutor in getting a birdseye view of the case.
“Evidence police offer must be limited to those facts which will enable the judge or jury to determine whether the defendant is guilty or innocent,” Attorney Davis said.
Hearsay Sometimes O.K.
A confession or dying declaration does not need to be in writing to be admissible in court, the speaker said. To have a good dying declaration the man making it must know that he is going to die.
Attorney Davis said that hearsay evidence is admissible when such statements are made in the presence of the defendant. In morals cases children can tell their story to police in the presence of the defendant and police can then take the witness stand and relate the conversation which has taken place. The same rule may be applied in traffic law violations, where the complaining witness is a non-resident.
Corpus Delecti Vital
The speaker pointed out that it is always necessary to have a corpus delecti, or body of the crime, to prove that a crime has been committed and some person is responsible for the crime.
Davis mentioned that false imprisonment and malicious prosecution charges are frequently lodged against police. In most instances these are difficult to prove, he said. In a later appearance, Davis informed the officers he will discuss in detail the question of false arrest.
