Murder and the Law

Sir: Your editorial of November 5 raised several general issues regarding murder and the law. In particular, you argued, though moderately, that some heavier sanctions should be introduced against those who assault police officers.

I think I understand your point of view, and personally deplore any attack on members of the Police Force; yet I believe the situation is much more complex than you suppose. We are like people examining the pattern on the top of a carpet and ignoring the dirt which has been swept under it. I venture the suggestion that an intensive house-cleaning by the New Zealand Police might substantially reduce those crimes of violence which contain an element of reprisal. It has come to my notice a great many times in the past twenty years that some members of our Police Force habitually exceed the legitimate use of forcible restraint which the law allows them, and themselves use violence either in the process of interrogation or for punitive purposes.

I am mentioning a widespread evil almost impossible to detect, prove and prevent, yet commonly known by the prisoners in our jails. Short of a new moral initiative coming from the Police Force itself, whose saner members undoubtedly regret and avoid this evil, a major change is likely only if members of the legal profession join forces against it. In the meantime, we should be wary of pressing for stiffer penalties. Some violence would occur even if our policemen were all as wise and mild as Gandhi; yet, on the other hand, violence breeds violence, and it is part of the responsibility of the Police Force, who ultimately represent us all in their contacts with accused or convicted persons, to avoid stepping beyond their legitimate role, however much they may be at times provoked. There is real danger otherwise that some of them by their actions, and some of us by tacit approval, may develop a Fascist mentality.

1966 (401)