POLICE INVESTIGATIONS 101
LESSONS FROM SHAKESPEARE’S CORIOLANUS
Gilles Renaud | Ontario Court of Justice (Retired)
INTRODUCTION
In this article, I document the various elements of guidance and instruction from Shakespeare’s play Coriolanus that may result in enhanced excellence in investigative work. Briefly stated, the discussion is organized along broad, thematic lines involving demeanour evidence, interviewing skills, human nature, judgment in investigations, professionalism and other themes.
DISCUSSION
Demeanour
- Introduction
In few words, think of demeanour evidence as a form of non-verbal testimony. For example, as set out at Coriolanus, Act 2, sc. iii, l. 111, the main character, Coriolanus states: “… I will practice the insinuating nod …” All readers will recognize the communications tool that is a nod, but how many are confident in “reading” an insinuating one? That difficulty introduces the major issue in accepting and applying demeanour evidence: how to interpret the subjective and idiosyncratic nature of such “silent testimony”.
- Appearance
This image is most instructive: “AUFIDIUS … Thou hast a grim appearance …” It must demonstrate the internal feelings of the person but what does the grimness depict objectively as to what possible internal struggle might be experienced by the subject? Does it mean a guilty mind, or lying, or sadness that the runner at third had such a meagre lead and did not run through rather than slide such that the potential winning run for the World Series was out! See Coriolanus, Act 4, sc. v, l. 60.
- Blush
The passage that follows hints that blushing is a temporary aspect and may not be due to any interior passion or attempt to deceive, etc. As we read in Coriolanus, Act 1, sc. ix, l. 74:
CORIOLANUS I will go wash;
And when my face is fair, you shall perceive
Whether I blush or no. …
- Face
MENENIUS—if the drink you give me touch my palate adversely, I make a crooked face at it. …
Coriolanus, Act 2, sc. i, l. 56.
MENENIUS … yet they lie deadly that tell you have good faces…
Coriolanus, Act 2, sc. i, l. 59.
CORIOLANUS It is a part
That I shall blush in acting…
Coriolanus, Act 2, sc. ii, l. 171.
Finally, I quote the SECOND SERVANT … I knew by his face that there was something in him … a kind of face … I cannot tell how to term it.” Coriolanus, Act 4, sc. v, l. 155. That is the problem, the investigators and later the courts do not know how to “term it” either, and this is the same objection as raised earlier respecting the “nod”.
- Looks
For example, Lartius states: “… Even to Cato’s wish, not fierce and terrible Only in strokes, but with thy grim looks …” See Coriolanus, Act 1, sc. iv, l. 75. A further example follows: “SICINIUS … He has it now; and by his looks, methinks, ’Tis warm at ’s heart.” Coriolanus, Act 2, sc. iii, l. 170.
- Mix of demeanour elements
Consider this example from Coriolanus, Act 1, sc. ix, l. 3.
COMINIUS, to Martius
If I should tell thee o’er this thy day’s work,
Thou ’t not believe thy deeds. But I’ll report it
Where senators shall mingle tears with smiles;
Where great patricians shall attend and shrug,
I’ th’ end admire; where ladies shall be frighted
And, gladly quaked, … [Emphasis added]
- Nod
CORIOLANUS … I will practice the insinuating nod …
Refer to Coriolanus, Act 2, sc. iii, l. 111.
- Scorn
THIRD CITIZEN … He said he had wounds, which he could show in
private, And with his hat, thus waving it in scorn …
Coriolanus, Act 2, sc. iii, l. 185.
Human nature
- Absolutes, thinking along such lines
Detectives must weigh nicely the dangers associated with the thinking of persons who do not nuance. Consider Coriolanus, Act 3, sc. ii, l. 49: “VOLUMNIA You are too absolute …”
- Courage
Consider this example, which may be boasting, but it is poetic:
LARTIUS No, Caius Martius,
I’ll lean upon one crutch and fight with t’ other …
Refer to Coriolanus, Act 1, sc. i, l. 272.
- Easy tasks are within the reach of all
One of the reasons I judge that the police are undergoing increasing criticism is that many people are of the incorrect view that the tasks involved are within the reach of everyone. I cannot explain why this belief is emerging, but it appears to be based on the type of philosophy we read below:
CORIOLANUS
… You were used To say extremities was the trier of spirits;
That common chances common men could bear; That when the sea was calm, all boats alike Showed mastership in floating … [Emphasis added]
It might be that the proliferation of television shows and movies involving CSI and DNA render good old fashioned detective work obsolete or open to all…
- Poor suitors – think of the January 6th attack of Capitol
Coriolanus, Act 1, sc. i, l. 58, records this quote:
SECOND CITIZEN Our business is not unknown to th’ Senate. They have had inkling this fortnight what we intend to do, which now we’ll show ’em in deeds. They say poor suitors have strong breaths; they shall know we have strong arms too.
In effect, mob behaviour is part of the human condition, and such human nature often involves attempting to give misdeeds positive designations. Detectives must cut through the specious words to examine the underlying conduct.
- Pride “cometh before the fall!”
There is a well-known saying that “When the Gods wish to destroy us, first they make us proud!” We all take pride in our accomplishments. Thus, police officers may take pride in their work but they must be careful not to let “sinful pride” obscure or nullify their judgment. Consider what we read at the start of the play Coriolanus, at Act 1, sc. i, l. 31:
FIRST CITIZEN Very well, and could be content to give him good report for ’t, but that he pays himself with being proud.
Note as well Act 1, sc. i, l. 294:
BRUTUS
The present wars devour him! He is grown
Too proud to be so valiant.
Note further, from Act 2, sc. i, l. 15:
MENENIUS In what enormity is Martius poor in, that
you two have not in abundance?
BRUTUS He’s poor in no one fault, but stored with all.
SICINIUS Especially in pride.
BRUTUS And topping all others in boasting.
Note finally Coriolanus, Act 4, sc. vi, l. 30:
BRUTUS … A worthy officer I’ th’ war, but insolent,
O’ercome with pride, ambition past all
Thinking, Self-loving
- Regret choices
Detectives must be cognizant that when they interview persons about distant events, that human nature dictate some element of regret in some but not all quarters. Many persons regret their words or deeds towards parents and grand-parents and the same “contrition” may be at play when seeking to recount distant events.
ALL We will so. Almost all Repent in their election.
Coriolanus, at Act 2, sc. iiii, l. 285.
- Truth emerges after a bit of work
The image that is set out below is helpful in pointing out to investigators that they must be dutiful in setting aside whatever blocks their ability to see truth. See the play Coriolanus, Act 2, sc. iii, l. 127:
CORIOLANUS … The dust on antique time would lie unswept And mountainous error be too highly heaped For truth to o’erpeer. [i.e., to emerge]
- Vengeance bent
Consider this example, from Coriolanus, at Act 2, sc. ii, l. 5.
FIRST OFFICER That’s a brave fellow, but he’s vengeance
proud and loves not the common people.
Interviewing skills
- Inviting witnesses to agree with a proposition
Menenius suggests this to the highly partisan crowd in Coriolanus, at Act 1, sc. i, l. 89, in circumstances in which the Riot Act could be read out by Canadian police officers:
Either you must confess yourselves wondrous malicious
Or be accused of folly. I shall tell you
A pretty tale. It may be you have heard it,
But since it serves my purpose, I will venture
To stale ’t a little more. [Emphasis added]
From the perspective of an interviewing police officer, it is not likely a case of improper leading to echo the phrase which is underlined. A detainee or person interviewed may be given this type of choice in terms of potential responses.
- Patience
Coriolanus, at Act 1, sc. i, l. 130, informs us of the following:
MENENIUS I will tell you,
If you’ll bestow a small
of what you have little—Patience awhile, you’st hear the belly’s answer.
A further reference of note follows, from Act 5, sc. i, l. 33: “SICINIUS Nay, pray be patient …” Thus, interviewers must always conduct themselves with patience as the basic psychology of disclosing valuable information requires a certain degree of deliberation.
Judgment
- Ability of others to lie
It is quite difficult to be as confident as the First Watchmen who said of another - that he was a total liar: “… Faith, sir, if you had told as many lies in his behalf as you have uttered words in your own …” But on what basis is this type of judgment based on? Is it objective and will you be able to demonstrate to others how correct your judgment is to you? See Coriolanus, Act 5, sc. ii, l. 23. See later, at sc. vi, l. 105, wherein CORIOLANUS refers to a “Measureless liar …”
- Anger
The last few words of this quote refer to the advantage that one may gain when facing an opponent prone to a temper. Investigators must analyze how to profit, so to speak, from those who are subject to judgment-altering anger in the same fashion. Thus, read Coriolanus, at Act 2, sc. iii, l. 287:
BRUTUS Let them go on.
This mutiny were better put in hazard
Than stay, past doubt, for greater.
If, as his nature is, he fall in rage
With their refusal, both observe and answer
The vantage of his anger.
On the subject of temper, note the desire to remain even keeled, in Coriolanus, Act 5, sc. ii, l. 89: “AUFICIDIUS You keep a constant temper …”
- Bad day in Court
Every police officer who is called to testify will have a bad day in court, sometimes due to poor preparation such as inadequate review of notes, for which there is no excuse; on other occasions, due to a “testy” judge, as noted below, for which there is nothing you can do save to endure it with good grace. What you cannot do is respond as nothing will be gained by it. If the Court commits an error, the prosecution will appeal and if the judge reaches the correct legal conclusion but is ill-gracious in setting out the basis for rejecting your testimony, you are wise to learn from this example as to what not to do the next time.
Thus, Coriolanus, at Act 2, sc. i, l. 43 sets out the following:
MENENIUS Why, then you should discover a brace of unmeriting, proud, violent, testy magistrates, alias fools, as any in Rome. [Emphasis added]
I wish to emphasize that these magistrates were not judges but I wish to take the language to underscore this point.
- Confidence which is too great
This is illustrated in Coriolanus, at Act 1, sc. ii, l. 37:
AUFIDIUS O, doubt not that;
I speak from certainties. …
In policing, I doubt that there are many things in the nature of “sure things” as so much depends upon personalities, memories, character and good citizenship.
- Defect of
Consider this passage, from Coriolanus, Act 4, sc. vii, l. 38: “AUFIDIUS … whether defect of judgment To fail in the disposing of these chances Which he was lord of …” In other words, errors in judgment result from many sources but the result is disastrous, as perhaps articles such as this may be of assistance.
- Exaggeration
Investigators must be careful not to assign too much weight to those potential witnesses who speak in absolutes, such as “He was the tallest person I have ever seen” or “I found him to be quite honest, perhaps the most upright person on Earth!”. In this vein, note this passage from Coriolanus, at Act 2, sc. i, l. 180:
MENENIUS Now it’s twenty-seven. Every gash [i.e., wounds] was an enemy’s grave …
- Exploit dissension within ranks of gangs or organized crimes
Criminal groups are often well investigated when division is present within their ranks, leading to rash actions not well camouflaged or opportunities for C.I.’s to be recruited. Consider Coriolanus, Act 4, sc. iii, l. 16: “VOLSCE … and hope to come upon them in the heat of division.”
- “Judicious judgment”
It is not suggested that you must be judge-like in analyzing the results of your investigation as the Crown is available to review your legal conclusions, say as to the scope of self-defence, but it is suggested that you must be detached and objective in reviewing your conclusions See Coriolanus, Act 5, sc. vi, l. 124: “SECOND LORD … His last offences to us Shall have judicious hearing …” In fact, if you are the party offended or harmed, you cannot be fair in judging the case!
- Memory and fatigue
A poor memory might be the result of a temporary element such as illness or fatigue, suggesting that a further interview later might prove useful. See Coriolanus, at Act 1, sc. ix, l. 100:
LARTIUS
Martius, his name?
CORIOLANUS By Jupiter, forgot!
I am weary; yea, my memory is tired. …
- Memory, of wrongs
Coriolanus, Act 5, sc. iii, l. 154, is of assistance: “VOLUMNIA … Think’st thou it honourable for a noble man Still to remember wrongs? …” I do not know whether this suggests that nobility requires a greater degree of forgiveness, but this quote does suggest that it is not too challenging to recall wrongs that are suffered.
- Physical restraints may be judged necessary
Shakespeare provides an example in Coriolanus, at Act 1, sc. ix, l. 60:
COMINIUS … By your patience,
If ’gainst yourself you be incensed, we’ll put you,
Like one that means his proper harm, in manacles,
Then reason safely with you. …
- Reasons, coldly objective ones to justify decisions, only act upon
Refer to Coriolanus, Act 5, sc. iii, l. 85: “CORIOLANUS … desire not T’allay my rages and revenges with Your colder reasons.”
- Recognize allies from enemies
The phrase that follows, uttered by Sicinius, “Nature teaches beasts to know their friends” is of assistance in reminding investigators that it is necessary to be able to judge friend from foe in terms of those willing to assist in your investigations. See Coriolanus, at Act 2, sc. i, l. 6.
- Selecting the personnel to conduct the investigations
The talent shown by investigators in allocating responsibilities in this regard is quite important. In this context, note Coriolanus, at Act 1, sc. iv, l. 80:
COMINIUS … Take your choice of those
That best can aid your action.
- Sincerity is claimed by many but much rarer
Detectives must be wary of self-professed honest persons swearing on anything and everything as to their sincerity. In this context, note Coriolanus, at Act 1, sc. iii, l. 22, wherein we read: “:
VOLUMNIA … Hear me profess sincerely: had I a dozen sons, each in my
love alike and none less dear than thine and my good Martius, I had rather had eleven die nobly
for their country than one voluptuously surfeit out of action.
This is no different than the many speakers who state: “ALERIA In truth …” See Act 1, sc. iii, l. 93.
- Truth
The play Coriolanus includes this relevant passage in Act 3, sc. ii, l. 147:
CORIOLANUS
… I will not do ’t,
Lest I surcease to honor mine own truth And, by my body’s action, teach my mind
A most inherent baseness.
A modern translation would read I will only testify as to truth no matter what I am told by others for otherwise I will not be true to my nature.
Professionalism
- Accept the judgment of the courts
Consider this relevant passage in Coriolanus, Act 3, sc. iii, l. 55:
SICINIUS I do demand
If you submit you to the people’s voices,
Allow their officers, and are content
To suffer lawful censure for such faults
As shall be proved upon you.
- Calm and cool as you go about your work
I need not quote justification for this obvious opinion but one may consider Coriolanus, Act 3, sc. i, l. 90:
MENENIUS Be calm, be calm.
And, further, Act 3, sc. ii, l. 36:
VOLUMNIA Pray be counseled.
I have a heart as little apt as yours,
But yet a brain that leads my use of anger
To better vantage.
- Cross-examination based on a good faith basis
Let us begin with a quote from Coriolanus, Act 3, sc. ii, l. 171:
CORIOLANUS
… Pray you, let us go.
Let them accuse me by invention, I
Will answer in mine honor …
The words “accuse me by invention” no doubt mean that he was to be accused of falsehoods as the charges were invented or made up if you wish. In our modern, Canadian criminal law trials, defence lawyers are entitled to raise accusations of misconduct against police officers if there is a “good faith” basis which is not the same thing as “iron clad proof”. Indeed, the cross-examination may be based on what their clients tell them, which may be a misunderstanding or an invention, or may be true. For present purposes, what I wish to emphasize is that the police must accept cross-examination as a normal part of their duties and not to take the accusations as being personal in nature.
- Humility is required
BRUTUS Now we have shown our power,
Let us seem humbler after it is done
Than when it was a-doing.
This is self-explanatory. See Coriolanus, Act 4, sc. ii, l. 5:
- No coaching of witnesses
A police officer must not attempt to coach a witness during their testimony by, let us say, pointing to a hand if the witness is asked what hand was holding the gun. In the same way, a witness may not look around to see if anyone might be inclined to provide you with an answer. In this context, see Act 3, sc. ii, l. 131 of Coriolanus:
COMINIUS Come, come, we’ll prompt you.
- Reports should be factual and professional, not funny
I suggest that you not act as did Enenius in preparing his speech of report:
“… I am known to be a humorous … said to be something imperfect in favoring the first complaint, hasty and tinder-like upon too trivial motion; one that converses
more with the buttock of the night than with the
forehead of the morning.
Coriolanus, at Act 1, sc. iv, l. 80.
- Rule of law governs police work
The play Coriolanus includes a few exchanges in which the main actors debate whether they are powerful enough to defeat their rivals against a background of lawlessness. Investigators in Canada are subject to the rule of law in that all their actions must be authorized and are not selected according to power but rather as warrants, powers of arrests, etc. may permit. See l. 130, Act. 3, sc. i.
CORIOLANUS
… If he have power,
Then vail your ignorance; if none, awake
Your dangerous lenity. If you are learned,
Be not as common fool
- Speak ill of the accused
Police officers must never be guilty of engaging in trash talk in which defendants are the subject of derogatory comments. Indeed, I would go further and say that it is unprofessional to ever mention persons who are charged because of your detective work as it “opens the door” to cross-examination suggesting you are biased against the person who is on trial. Note in this vein the following quote, found in Coriolanus, Act 1, sc. i, l. 34:
SECOND CITIZEN Nay, but speak not maliciously.
Consider as well this quote: “MENENIUS … speak fair.” See Coriolanus, Act 3, sc. ii, l. 86.
- Stand by your authority or chance losing it
This notion is discussed in Act 3, sc. i, l. 261. Consider the consequences of not exercising your lawful powers during a riot, or other such disturbance. It might result in other powers being exercised, such as the armed forces or another police agency, leaving aside disciplinary consequences.
BRUTUS
Or let us stand to our authority
Or let us lose it. …
- “Suffer the slings and arrows” during your testimony
To better understand the play Coriolanus, it may be wise to quote from Hamlet, Act 3, sc. i, l. 164.
To be or not to be—that is the question:
Whether ’tis nobler in the mind to suffer
The slings and arrows of outrageous fortune …
In other words, there are times when cross-examination involves great challenges to both your credit and reliability, and you must undergo this ordeal with calm and professionalism. In this context, note the following from Act 3, sc. ii, l. 114:
- COMINIUS
I have been i’ th’ marketplace; and, sir, ’tis fit
You make strong party or defend yourself
By calmness or by absence. All’s in anger …
A further relevant passage follows, from Act 3, sc. ii, l. 168:
COMINIUS
Away! The Tribunes do attend you. Arm yourself
To answer mildly, for they are prepared
With accusations, as I hear, more strong
Than are upon you yet. [Emphasis added]
- Testimonial skill
One of the major elements of perceived difficulty in our criminal justice system is the importance assigned to testimonial skill during a trial. Even though spontaneous eloquence is a rare skill, present foremost in lawyers engaged in litigation, it is not needed to serve and protect. The result, at times, is that the police witness might appear not to have conducted a thorough investigation when the reality is that he or she is not as good at selecting vocabulary quickly in the heat of a trial … In this unfair context, note Coriolanus, Act 3, sc. i, l. 407.
MENENIUS
Consider this: he has been bred i’ th’ wars
Since he could draw a sword, and is ill schooled
In bolted language; … [Emphasis added]
In studying this rubric, it will do well to quote from Shakespeare’s play, Othello, which contains similar language on the theme of those who serve and protect the community operhaps not being as skilled as others in testifying. As we read in Act 1, sc. iii, l. 96: “Rude am I in my speech, And little bless'd with the soft phrase of peace…” In each case, the commonsense element is that it is unfair to expect all police officers to be as skilled in testimony as are the lawyers in terms of verbal skills.
Of note, the lines that follow in this scene suggest that by his vehemence in “testifying”, Coriolanus has shown himself not worthy of belief, and is branded an “enemy of the people”. See l. 167 amongst other useful references.
- Valour
COMINIUS ... It is held That valor is the chiefest virtue …
Coriolanus, Act 2, sc. ii, l. 98.