POLICE INVESTIGATIONS 101
LESSONS FROM SHAKESPEARE’S King Richard the Third
Gilles Renaud | Ontario Court of Justice (Retired)
INTRODUCTION
In this article, I document the various elements of guidance and instruction from Shakespeare’s play King Richard the Third, featuring a despotic tyrant who killed without hesitation, 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. In sum, my hope is that investigators who review these articles will gain insight into basic psychology and will improve their skills in detective work “by the books”, just different ones from the Police Foundations and Police colleges. In that context, I quote from the play Titus Andronicus at Act 4, sc. i, l. 34: “… But thou art deeper read, and better skill'd …” This play includes this relevant passage, at Act 1, sc. i, l. 53: “CLARENCE … but as I can learn …”
DISCUSSION
Demeanour evidence
- Introduction
A first quote of note is found in Act 3, sc. i, l. 8 of King Richard the Third:
GLOUCESTER
Sweet prince, the untainted virtue of your years
Hath not yet dived into the world's deceit
Nor more can you distinguish of a man
Than of his outward show; which, God he knows,
Seldom or never jumpeth with the heart. …
[Emphasis added]
The reference earlier to “deceit” makes plain the link that detectives seek between appearances and reliability of information provided by would-be witnesses. But as noted by Gloucester, Outward show may be just that, “a show”, conducted by actors as we understand the word show. That is the main drawback to reliance upon demeanour, that it may be manipulated.
- Acting in everyday events
Little white lies and falsely showing interest in things that bore us are part of everyday life, but one wonders to what extent we are deceived by outward shows of interest or affection. In the same context, to what extent are investigators able to make sense of false demeanour? Consider what follows:
GLOUCESTER
So dear I loved the man, that I must weep.
I took him for the plainest harmless creature
That breathed upon this earth a Christian;
Made him my book wherein my soul recorded
The history of all her secret thoughts:
So smooth he daub'd his vice with show of virtue,
That, his apparent open guilt omitted …
[Emphasis added]
See King Richard the Third, Act 3, sc. v, l. 28. In thus context, detectives must also be concerned with those who are skilled at effective speaking, the better to trick you. See Act 3, sc. vi, l. 95: BUCKINGHAM … I’ll play the orator …”
- Blush
One of the most popular beliefs, or myths, surrounds the potential value of blushing as a lie-detector demonstrating that the speaker is not telling the truth. This is illustrated below. The difficulty is that it takes for granted that the apparent embarrassment is not due to having a bout of flatulence in Court, or in the police station, high blood pressure, the need to go to the washroom, etc.
Second Murderer
… 'tis a blushing shamefast spirit that
mutinies in a man's bosom; it fills one full of
obstacles: it made me once restore a purse of gold
that I found; it beggars any man that keeps it: it
is turned out of all towns and cities for a
dangerous thing; and every man that means to live
well endeavours to trust to himself and to live
without it. [Emphasis added]
Refer to King Richard the Third, at Act 1, sc. iv, l. 132.
- Eyes
- CLARENCE
- How darkly and how deadly dost thou speak!
Your eyes do menace me: why look you pale?
Who sent you hither? Wherefore do you come?
- Face
Consider this useful example, from King Richard the Third, at Act 3, sc. v, l. 11.
BUCKINGHAM
Who, I, my lord I we know each other's faces,
But for our hearts, he knows no more of mine,
Than I of yours …
A few lines later, at 53, Hastings states:
His grace looks cheerfully and smooth to-day;
There's some conceit or other likes him well,
When he doth bid good morrow with such a spirit.
I think there's never a man in Christendom
That can less hide his love or hate than he;
For by his face straight shall you know his heart.
[Emphasis added]
One questions whether these early illustrations of demeanour evidence by the great Shakespeare have resulted in a disproportionate value being assigned to such so-called indicators of inner thoughts.
- Frown
This example is a favourite of mine in evaluating demeanour evidence:
CLARENCE
Are you call'd forth from out a world of men
To slay the innocent? What is my offence?
Where are the evidence that do accuse me?
What lawful quest have given their verdict up
Unto the frowning judge? … [Emphasis added]
King Richard the Third, at Act 1, sc. iv, l. 178.
- Looks
- CLARENCE
- Thy voice is thunder, but thy looks are humble.
See King Richard the Third, at Act 1, sc. iv, l. 163.
And later, at l. 261 of sc. iv, in speaking to one of the men sent to kill him.
CLARENCE
… My friend, I spy some pity in thy looks:
His judgment was poor in that he was killed by that individual.
Finally, from Act 5, sc. iii, l. 3:
KING RICHARD III
Here pitch our tents, even here in Bosworth field.
My Lord of Surrey, why look you so sad?
SURREY
My heart is ten times lighter than my looks.
Human nature
- Conscience and witnesses doing the honourable thing
One can never know how often a person’s conscience will lead them to contact the authorities and provide much needed information. In this school of thought, I quote from King Richard the Third, Act 1, sc. iii, l. 222:
QUEEN MARGARET
… On thee, the troubler of the poor world's peace!
The worm of conscience still begnaw thy soul! …
- Offender bent on being identified as a criminal
Although rare, there are cases of persons seeking to be identified as the person guilty of such and such offence. In effect, unless they are arrested, they will never be publicly linked to the offence, and this defeats their plans. This is quite different from persons falsely incriminating themselves. In this context, note Act 1, sc. i, l. 30 wherein the future King Richard the III states: “… I am determined to prove a villain …” Later, at l. 36, he proclaims:
… And if King Edward be as true and just
As I am subtle, false and treacherous…
In other words, I will act as a criminal and will no doubt be caught as one! But, in this play, by the time he is identified he will have become King and be beyond prosecution.
- Impatience of persons detained
On occasion, a person under arrest who is told that they will be released within “x” number of minutes or hours, etc., will nonetheless be impatient. This free and simple advice is to request the to be patient, as any trouble amounting to mischief, etc., might result in further detention.
GLOUCESTER
Well, your imprisonment shall not be long; …
Meantime, have patience.
See King Richard the Third, Act 1, sc. i, l. 114.
Interviewing suspects and witnesses
- Brevity
It is typically poor judgment to follow the example below. Allow and encourage would-be witnesses to provide full and well considered and developed replies. Thus:
- KING RICHARD III
- … What sayest thou? speak suddenly; be brief.
See King Richard the Third, Act 4, sc. ii, l. 19.
That being explained, I add this interesting quote from Act 4, sc. iv, l. 359:
QUEEN ELIZABETH
An honest tale speeds best being plainly told.
- Candour, encourage it
Occasionally, a witness will betray their deepest emotions, and this may display bias, but it might as well show the truth in an unvarnished sense. You must always encourage the truth, and to suggest that in answering their questions, they say nothing negative may be perceived as not requesting the truth, the whole truth and nothing but the truth. Your explanations must be fair and request candour, though it is not wrong to request that questions not be answered with profanity.
Consider King Richard the Third, Act 4, sc. ii, l. 15:
- KING RICHARD III
- O bitter consequence,
That Edward still should live! 'True, noble prince!'
Cousin, thou wert not wont to be so dull:
Shall I be plain? I wish the bastards dead;
And I would have it suddenly perform'd. …
- Opportunity to demonstrate innocence
No matter how much it may seem that the evidence against a suspect is overwhelming, investigators must provide them with the fullest opportunity to show their innocence. As we read in King Richard the Third, Act 1, sc. ii, l. 72:
GLOUCESTER
More wonderful, when angels are so angry.
Vouchsafe, divine perfection of a woman,
Of these supposed-evils, to give me leave,
By circumstance, but to acquit myself.
LADY ANNE
Vouchsafe, defused infection of a man,
For these known evils, but to give me leave,
By circumstance, to curse thy cursed self.
GLOUCESTER
Fairer than tongue can name thee, let me have
Some patient leisure to excuse myself.
LADY ANNE
Fouler than heart can think thee, thou canst make
No excuse current, but to hang thyself.
[Emphasis added]
Judgment
- Evidence-based way of conducting investigations
In a very simple manner of speaking, investigators find clues and make sense of them. Thus:
Third Citizen
When clouds appear, wise men put on their cloaks;
When great leaves fall, the winter is at hand;
When the sun sets, who doth not look for night?
Untimely storms make men expect a dearth…
See King Richard the Third, Act 2, sc. i, l. 33. Further down, l. 44 refers to “… as by proof we see…”
- Facilitating access to counsel
It is always a sign of your professionalism when you demonstrate every effort to ensure that detainees speak to a lawyer or to third parties that may facilitate such contact. Leaving aside your Charter and legislative duties, it is simply a matter of common sense to do so. In this context, consider this interesting passage illustrating the opposite: ensuring that a prisoner not have access to outside assistance:
BRAKENBURY
I beseech your graces both to pardon me;
His majesty hath straitly given in charge
That no man shall have private conference,
Of what degree soever, with his brother.
Refer to King Richard the Third, Act 1, sc. i, l. 82.
- Ironic manner of speaking: Record all statements
Although it is difficult to imagine how a statement by a detained may be received in evidence if it is not fully recorded, the prudent practice is evolving towards recording all witness statements to avoid ironic or sarcastic manner of setting out the contents of the statements. For example, the quote that follows is totally sarcastic, but this is not evident when written down as opposed to recorded by means of one’s phone. Refer to King Richard the Third, Act 1, sc. i, l. 87:
GLOUCESTER
Even so; an't please your worship, Brakenbury,
You may partake of any thing we say:
We speak no treason, man: we say the king
Is wise and virtuous, and his noble queen
Well struck in years, fair, and not jealous;
We say that Shore's wife hath a pretty foot,
A cherry lip, a bonny eye, a passing pleasing tongue;
And that the queen's kindred are made gentle-folks:
How say you sir? Can you deny all this?
- Lies and falsehoods are to be analyzed and defeated by logic
I quote from King Richard the Third, at Act 1, sc. i, l. 145, and suggest, as did Gloucester, that investigations must be on guard not to be poisoned by means of “… lies well steel’d with weighty arguments …”. Investigators must demonstrate that these assertions are false. In closing, note the interesting comment that follows, to the effect that one can never overlook the possibility that a known perjurer might be stating the truth. Hence:
LADY ANNE
O wonderful, when devils tell the truth! [at sc. ii, l. 70.]
- “Moralizing” – another word for lying?
At times, in court, judges are confronted by witnesses who appear to wish to avoid telling the whole truth by moralizing that the word they have selected to respond to a question (or a phrase) means something different from what they know it means. No doubt, police officers are confronted by the same reality. Consider this quote from King Richard the Third, at Act 2, sc. i, l. 83:
GLOUCESTER
- I say, without characters, fame lives long.
- Aside
- Thus, like the formal vice, Iniquity,
I moralize two meanings in one word.
- [Emphasis added]
- Present or future descriptions?
Investigators must be careful to judge whether what they hear is a description of present events or behaviour by a person of interest, or a fanciful expression of what the person intended to do or say or will in the future. Thus:
- KING RICHARD III
- As I intend to prosper and repent …
- Therefore, good mother,--I must can you so--
Be the attorney of my love to her:
Plead what I will be, not what I have been;
Not my deserts, but what I will deserve:
Urge the necessity and state of times,
And be not peevish-fond in great designs.
- [Emphasis added]
King Richard the Third, at Act 4, sc. iv, l. 395.
- Truth is difficult to discern at times
Investigators are often confronted with false reports and must be careful lest they give credit to untrue statements. Note King Richard the Third, at Act 1, sc. iii, l. 25:
DERBY
I do beseech you, either not believe
The envious slanders of her false accusers;
Or, if she be accused in true report ..
Later, at l. 48 of the same scene, Shakespeare wrote on the same subject:
GLOUCESTER
… Because I cannot flatter and speak fair,
Smile in men's faces, smooth, deceive and cog,
Duck with French nods and apish courtesy …
Later still, this quote is found that is also relevant:
DUCHESS OF YORK
Oh, that deceit should steal such gentle shapes,
And with a virtuous vizard hide foul guile! …
[Emphasis added]
See Act 2, sc. i, l. 27.
- Unlawful order
In this example, I do not suggest you will ever be given an order to commit a crime, far from it. I suggest rather that you might receive a command to do something that in your judgment fails to comply with a legal requirement, given by a superior who is attempting to do three things at once. For example, to not bring a detainee before a Justice of the Peace immediately or within the time required in order to attend to a lesser duty or other poorly reasoned command. Your training and experience will dictate that you explain your predicament and request that you be permitted to fulfil the imperative duty before any secondary one.
A more pertinent example that comes to mind arises from my experience as a young defence lawyer prior to the rules governing disclosure, when some police officers refused to make notes of certain observations, in order to avoid informing the defendant’s lawyer of relevant information. In fact, I heard officers tell me that they would guide more inexperienced witnesses not to note things that were potentially embarrassing, to avoid cross-examination.
Thus, these examples illustrate faulty practices that cannot be entered into in modern policing. Consider this lengthy example from the play that is nonsensical to us living in a democracy governed by a Charter but that is illustrative of the now discarded false belief that a warrant or order may relieve one of any criminal liability for a crime, leaving aside the fact of taking money to salve one’s conscience and the fear of being caught as the only reason not to engage in crime.
- First Murderer
- What, art thou afraid?
- Second Murderer
- Not to kill him, having a warrant for it; but to be
damned for killing him, from which no warrant can defend us.
- First Murderer
- I thought thou hadst been resolute.
- Second Murderer
- So I am, to let him live.
- First Murderer
- Back to the Duke of Gloucester, tell him so.
- Second Murderer
- I pray thee, stay a while: I hope my holy humour
will change; 'twas wont to hold me but while one
would tell twenty.
- First Murderer
- How dost thou feel thyself now?
- Second Murderer
- 'Faith, some certain dregs of conscience are yet
within me.
- First Murderer
- Remember our reward, when the deed is done.
- Second Murderer
- 'Zounds, he dies: I had forgot the reward.
- First Murderer
- Where is thy conscience now?
- Second Murderer
- In the Duke of Gloucester's purse.
- First Murderer
- So when he opens his purse to give us our reward,
thy conscience flies out.
- Second Murderer
- Let it go; there's few or none will entertain it.
- First Murderer
- How if it come to thee again?
- Second Murderer
- I'll not meddle with it: it is a dangerous thing: it
makes a man a coward: a man cannot steal, but it
accuseth him; he cannot swear, but it cheques him;
he cannot lie with his neighbour's wife, but it
detects him: 'tis a blushing shamefast spirit that
mutinies in a man's bosom; it fills one full of
obstacles: it made me once restore a purse of gold
that I found; it beggars any man that keeps it: it
is turned out of all towns and cities for a
dangerous thing; and every man that means to live
well endeavours to trust to himself and to live
without it. [Emphasis added]
Refer to King Richard the Third, at Act 1, sc. iv, l. 108:
Professionalism in investigations
- Advice given by experienced colleagues ought not to be ignored
In the play King Richard the Third, at Act 1, sc. iii, l. 262, we read: “GLOUCESTER Good counsel … learn it, learn it …”
- Delay, to be avoided
Whenever possible, being mindful of finite resources, investigations are undertaken promptly and pursued with diligence, for memories fade and people talk, contaminating each other’s perception of what they witnessed. Thus, take counsel from King Richard the Third, at Act 4, sc. i, l. 53:
- LORD STANLEY
- … To meet you on the way, and welcome you.
Be not ta'en tardy by unwise delay.
Note as well Act 4, sc. iii,
KING RICHARD III
… Come, I have heard that fearful commenting
Is leaden servitor to dull delay
Delay leads impotent and snail-paced beggary…
Finally, note Act 5, sc. iii, l. 17:
KING RICHARD III
… Let's want no discipline, make no delay,
For, lords, to-morrow is a busy day.
- “For the record”
Careful investigators take pains to record everything, for later use in court. In this regard, note what follows:
PRINCE EDWARD
Is it upon record, or else reported
Successively from age to age, he built it?
BUCKINGHAM
Upon record, my gracious lord.
See King Richard the Third, at Act 3, sc. i, l. 71.
- Testimony influenced by fear of perjury
When I was a very young lawyer who worked part-time for the provincial Attorney-General in prosecuting minor accusations, I heard a veteran police officer answer nearly every question with the words “to the best of my knowledge”. In times, I came to understand that many witnesses were concerned about an accusation of perjury should they have provided incorrect testimony. Not false, but mistaken, due to confusion, a poor memory or poor notes. Indeed, I have often noted, in forty-three years of being involved in trials, how often police witnesses will add a “rider” to their answers. I think it wise to qualify your responses when a qualifier is required, such as “to the best of my memory”, when things are distant and unclear. But, to qualify each reply even if it is fairly straightforward may lead to the court being less than impressed with your memory or your notes.
King Richard the Third, at Act 1, sc. iii, l. 308, is of assistance:
QUEEN ELIZABETH
I never did … to my knowledge.
Finally, after lying for five complete acts of the play, King Richard stares at sc. iii, l. 197: “… Perjury, perjury, in the highest degree …”