POLICE INVESTIGATIONS 101

LESSONS FROM SHAKESPEARE’S TIMON of ATHENS

Gilles Renaud | Ontario Court of Justice (Retired)

INTRODUCTION

In this article, I document the various elements of guidance and instruction from Shakespeare’s play Timon of Athens 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 and judgment in investigations.

DISCUSSION

Demeanour evidence

-       Introduction

You may summarize demeanour evidence by considering all of the non-verbal means of communication humans resort to in order to exchange information.  Perhaps the most evident example from my youth was Team Canada captain Phil Esposito gesturing to a Soviet player during the fabled Canada-Russia 1972 Summit Series – he mimicked slicing the throat of his opponent, leaving nothing to the imagination as to what was going through his mind. Indeed, I suggest that if a police officer saw this exchange, an investigation for threatening death should ensue. 

-       Face

Noteworthy is this interesting example of demeanour evidence, involving putting on a face to get money debts settled: “SENATOR. Get Put on a most importunate aspect, A visage of demand …” Timon of Athens, Act 2, sc. i, l. 16.

Human nature

-       Base ability to make good, evil

If you are truly unfortunate in your career, you will encounter a police colleague for whom the end justifies the means and who is prepared to pervert information to achieve a conviction – what is often described as “noble outcome” corruption.  Thus, a neutral fact is twisted into a damning one and a favorable fact from the defendant’s perspective is hidden or transformed into a damming one, to assist in obtaining a finding of guilt! Not only must you defend yourself against this destruction of our core values, but you must also never allow yourself to verbalize the goal of such a wicked enterprise.  In this context, consider this passage from Timon of Athens, Act 4, sc. iii, l. 28: “TIMON … Thus much of this will make black white, foul fair, Wrong right, base noble, old young, coward valiant…”

Whether or not this type of situation is judged a case of true corruption, as when such acts are pursued to obtain payment, as in the case of hacking into a database of C.I. addresses, is irrelevant.  In this vein, true corruption is “imaged” by the view expressed in Timon of Athens, by PHRYNIA AND TIMANDRA … Believe't that we'll do anything for gold.” [Act 4, sc. iii, l. 149.] In the ultimate analysis, this act is motivated by a false and perverted belief that what is being accomplished advances the public interest – it is no better than vigilante justice with no hope of appeal if the police officer’s judgment is wrong, and it may well be completely wrong!

-       Envy and jealousy

The quote that follows is quite fit: “APEMANTUS. … With poisonous spite and envy. Who lives that's not depraved or depraves?” See Timon of Athens, Act 1, sc. ii, l. 135. In effect, detectives must analyze the motivation of witnesses in their apparent desire to assist the authorities. 

-       Faults, we all have them (even if they are qualities)

I quote in support of this suggestion Timon of Athens, Act 3, sc. i, l. 27: “LUCULLIUS. … and yet he would embrace no counsel, take no warning by my coming. Every man has his fault, and honesty is his…” The only thing I might say is that it is honest to say to persons that the article of clothing is not becoming, but that may demonstrate the need for a “white lie” which is only a technical fault and not really mendacity. 

-       Honesty rewards itself

In support of that proposition, I offer this passage from the play Timon of Athens: “OLD ATHENIAN. … His honesty rewards him in itself …” See Act 1, sc. i, l. 132.

-       “In the middle” – our faults and talents even out …

Consider this common example of how most of us rank, in the middle: “VARRO'S SERVANT. Thou art not altogether a fool. FOOL. Nor thou altogether a wise man…” See Timon of Athens, Act 2, sc. ii, l. 115.  For investigators, however, what matters is that they do not consider some a fool without reason and if truly a fool, think long and hard how best to advance your case with their involvement. 

-       Law allows you great power

Police officers must always be mindful of the great powers they command and not to abuse them in any way.  Consider: “TIMON … the earth's a thief, That feeds and breeds by a composture stol'n From gen'ral excrement- each thing's a thief.  The laws, your curb and whip, in their rough power Has uncheck'd theft…” See Act 4, sc. iii, l. 427. [Emphasis added]

-       Pride, cometh before the fall

Investigators must avoid sinful pride for obvious reasons and seek to exploit the vanity of others, who have never learned the saying that “When Gods wish to destroy us, first they make us proud!” For example, “TIMON. You do yourselves much wrong; You bate too much of your own merits…” See Act 1, sc. ii, l. 203.

-       Stir up a hornet’s nest, avoid if possible

I recall that as a young lawyer, in private practice but employed on a part time basis as a per diem prosecutor, I would witness veteran defence lawyers try to intimidate me by saying that if I wanted to ask for such and such a clause in the bail order (on consent) or probation order (if a guilty plea was agreed to) that it would result in a trial date being set.  Worse, that if I asked the Justice of the Peace for a no weapons clause on bail, for example, his or her client would easily get Uncle X or Aunt Y to pay a huge fee to go fight it.  In effect, they considered certain clauses to be “fighting words” best avoided in the context of Northern Ontario hunting and protection from predators of all kinds.

The modern-day lesson from what I experienced in Timmins in 1983 is that police officers releasing persons on conditions should think long and hard whether this or that clause is truly necessary in the public interest and if it is only marginally relevant, whether it will stir up a hornet’s stay for no good reason.  In that vein, note what follows, from Timon of Athens, Act 3, sc. iv, l. 55. “FLAVIUS. … You do yourselves but wrong to stir me up …”

-       Temper, a bad counsellor

Police ought never to allow their temper to influence their decisions while seeking to evaluate if the temper of those being investigated might lead to progress.  In this vein, note what follows: “SERVILIUS. … His comfortable temper has forsook him …” Timon of Athens, Act 3, sc. iv, l. 71. Note as well what follows, from the same play, at Act 3, sc. 5, l. 11: “ALCIBIADES. … It pleases time and fortune to lie heavy Upon a friend of mine, who in hot blood Hath stepp'd into the law …”

-       Truly valiant to suffer for the community

Consider this passage, which corresponds to what the police must experience: “FIRST SENATOR … He's truly valiant that can wisely suffer The worst that man can breathe … And ne'er prefer his injuries to his heart, To bring it into danger. If wrongs be evils, and enforce us kill, What folly 'tis to hazard life for ill!” See Timon of Athens, Act 3, sc. v, l. 30.

-       Youth, lessons from our own - levity

Timon of Athens contains a valuable illustration of the commonsense belief as to the levity that marks our youth. Thus, “OLD ATHENIAN. She is young … Our own precedent passions do instruct us What levity's in youth.” See Act 1, sc. i, l. 134. This reality is an influence on youthful offending and on early interventions to perhaps influence them to avoid rash decisions.

Interviewing witnesses and suspects

-       “Hear me on” – Allowing witnesses to express themselves fully

In the early part of the play Timon of Athens, we read: “POET. Nay, sir, but hear me on…” See Act 1, sc. i, l. 80.  I suggest that police investigators follow this plea and not be impatient in hearing out witnesses.  If they appear to have little to say that is directly relevant, there is still an advantage in recording fully their apparent ramblings in that it will foreclose their opportunity later to testify for the defence and suggest a different type of clear testimony.  Certainly, it is suggested that early on in a case, it is difficult to know what will be totally irrelevant.

-       Language of communication ought to “aimed” at ease of understanding

The essence of an interview is to obtain information and if one does not “pitch” the vocabulary to the correct measure, one fears that effective communication might be compromised.  The witness, in fact, might be too intimidated or confused to assist even though motivated and competent to do so. Consider this helpful precedent from the play Timon of Athens: “MERCHANT. No, my good lord; he speaks the common tongue, Which all men speak with him.” [Act 1, sc. I, l. 177] This is not to suggest “dumbing down” speech but rather elevating a sound and shared vocabulary to enhance understanding and the flow of verbal interaction.

-       Persistence in questioning

Investigators are not required to accept a reply of “No, I do not wish to answer your questions”. In fact, if a potential witness who is seated in your office states: “I do not feel that there is any reason why I should render an explanation to you, Mr. [Sherlock] Holmes,” as one did in the short story by Sir Arthur Conan Doyle, The Missing Three-Quarters, you are at liberty to continue putting questions to them.  They may, of course, maintain their silence and walk out, but they might agree and do so without any coercion on your part.  Although no person who is detained or under arrest need answer any questions, they may be persuaded to change their mind if they put forward a refusal at first. Consider this passage arising from a different context in Timon of Athens, Act 2, sc. i, l. 15: “SENATOR. … be not ceas'd With slight denial, nor then silenc'd …”

-       Plain dealing” in explaining your role

At times, a detective seeking to interview a suspect is well advised to engage in the most fundamental of plain dealings in seeking an interview.  I have read transcripts early in my career as a judge and later seen audio-video interviews (when this became the standard) in which an officer is masterful in presenting to the suspect a “direct message” in the traditional sense.  For example, in presenting evidence and statements setting out that the person will be arrested and charged unless there is an innocent explanation for the apparently incriminating information.  From one perspective, it may appear as an inducement, but it is not, in the final analysis.  It is an opportunity to explain why one ought not to be arrested when the video shows the suspect driving the getaway car away from the bank steps after persons jump in at a full run with guns and masks and money dropping from pillowcases. If sum, “If you have a twin, please inform us of this fact!” In this context, note “APEMANTUS. Not so well as plain dealing…” See Timon of Athens, Act 1, sc. i, l. 213.

Judgment in investigations

-       “Cautions” and other diversionary outcomes and mercy

The police are entitled in certain circumstances to divert suspected offenders from the prosecution stream or to provide for cautions or other forms of “no charges” being pursued if community service, etc., is performed.  In such cases, the policies that are to be applied are influenced by such things as “mercy”.  In this context, I quote what Shakespeare considered relevant factors to justify leniency. The reader may then judge for themselves to what extent mercy is warranted:

FIRST SENATOR. My lord, you have my voice to't: the fault's bloody. 'Tis necessary he should die: Nothing emboldens sin so much as mercy.

SECOND SENATOR. Most true; the law shall bruise him.

…

ALCIBIADES. I am an humble suitor to your virtues; For pity is the virtue of the law, And none but tyrants use it cruelly…

[Emphasis added] [Timon of Athens, Act 3, sc. v, l. 7]

-       Counsel, always seek the advice of more experienced detectives

You do not wish to be described as the person Apemantus refers to below in Shakespeare’s Timon of Athens at Act 1, sc. ii, l. 253: “.... O that men's ears should be To counsel deaf, but not to flattery!”

-       Debt of the person speaking

In Timon of Athens, the main character is riddled with debts and police officers speaking to someone in that position must consider whether they will fail to disclose information, due to vanity, or will mislead to attempt to place themselves in a more favourable light. See Act 1, sc. ii, l. 194: “ FLAVIUS. [Aside] What will this come to? … His promises fly so beyond his state That what he speaks is all in debt; he owes For ev'ry word…”

-       Defence lawyers’ role to be understood and not attacked

Defence lawyer who say they are often attacked by police officers, in a verbal sense of being condemned as sharks for their task before the courts, take great pleasure when a police officer appears at their office requesting their services to defend a false accusation of assault etc.  Defence lawyers play an important role in a democracy and it must not be condemned indirectly by repeating the type of comments set out below, from the play Timon of Athens:

FIRST SENATOR. You undergo too strict a paradox,

Striving to make an ugly deed look fair;

Your words have took such pains as if they labour'd

To bring manslaughter into form and set …

[Act 3, sc. v. l. 25]

…

TIMON. … Crack the lawyer's voice,

That he may never more false title plead …

[Act 4, sc. iii, l. 153.

-       Equal treatment of all

We live in a democracy under a Charter of Rights and therefore, each person you encounter is entitled to equal treatment, with one’s riches, if any, being irrelevant. In that regard, note what follows: “TIMON. O, by no means, Honest Ventidius! You mistake my love; I gave it freely ever; and there's none Can truly say he gives, if he receives. If our betters play at that game, we must not dare To imitate them: faults that are rich are fair.” [Emphasis added] Act 1, sc. ii, l. 10. 

-       Equal view of all of humanity

The police can never judge erring humanity too harshly nor fail to judge too benignly those they investigate.  In this context, note what follows: APEMANTUS. The middle of humanity thou never knewest, but the extremity of both ends…” See Timon of Athens, Act 4, sc. iii, l. 300. In few words, you must judge all of humanity fairly, knowing that the two extremes are not truly representative of the community.  To the same effect is the passage that follows: “TIMON … For there is boundless theft In limited professions…” See Act 4, sc. iii, l. 423.  In other words, do not demonstrate bias in your judgment in the sense that you consider you ought only to investigate a certain area, or ethnic community, or religious groups.  Your decisions are based on objective information justifying this or that investigation. 

-       Flattery in police work

Shakespeare’s Timon of Athens includes an interesting passage at Act 1, sc. i, l. 226, on the dangers that flattery poses for objective and successful police work. As we read: “APEMANTUS. He that loves to be flattered is worthy o' th' flatterer.” Refer as well to Act 1, sc. ii, l. 250: “APEMANTUS. So. Thou wilt not hear me now: thou shalt not then. I'll lock thy heaven from thee. O that men's ears should be To counsel deaf, but not to flattery!”

-       Greater ought not to scorn the lesser

The play Timon of Athens includes this passage: “TIMON … The greater scorns the lesser …” Act 4, sc. iii, l. 7.  For investigators, sound judgment dictates that no one is ever scorned as we live in a democracy within the context of a Charter of Rights.

-       Hearsay that is conjecture to proof that is reliable

To a certain extent, police work may be summarized by the caption.  Rumour and hearsay lead the police to seek out information and potentially confirmation that, one hopes, leads to evidence and prosecution is justified.  This sequence is illustrated in Timon of Athens, Act 5, sc. i, l. ?: “POET. to be thought of him? Does the rumour hold for true that he's so full of gold?” The painter responds in the affirmative and provides detailed descriptions of what got what… Regarding the reliability of hearsay, note that in the passage that follows, Timon points out that rumours about him are false: “But yet I love my country, and am not One that rejoices in the common wreck, As common bruit doth put it.” [Act 5, sc. I, l. 220]

-       Love or judgment

“SEMPRONIUS. … It shows but little love or judgment in him. Must I be his last refuge? His friends, like physicians, Thrice give him over …” See Timon of Athens, Act 3, sc. iii, l. 10.  For police officers, the issue is not thus, as it might be for parents wishing to show tough love, for example. There is no role for love or sympathy when applying the law as it is mandated by the Criminal Code, and other legislation that must be respected, in accordance with your oath as police officers.

-       “No good deed goes unpunished”

Allow me to tell you the story of a young police officer who, in 1985, allowed a detainee to have a cigarette though he was in a secure area and was handcuffed, thinking that there was no danger.  Note that smoking was common in those years, though not in custody while transported and while cuffed. The person then tried to blind the officer with the “dart”.  This is not to say that no good dead goes unpunished but that one has to be careful not to bend rules that are in place for a good reason.  In this vein, note what follows: “FLAVIUS. … brought low by his own heart, Undone by goodness! …” See Timon of Athens, Act 4, sc. ii, l. 38.

-       Oath, reliance upon

“APEMANTUS' … Grant I may never prove so fond To trust man on his oath or bond, Or [an actress] for her weeping …” See Timon of Athens, Act 1, sc. ii, l. 63. Shakespeare’s plays are replete with examples of broken oaths… See also Act 4, sc. ii, l. 12: “SECOND SERVANT … leave their false vows with him …”

-       Peace, justice truth

These three values, with others, are what you must defend as peace officers.  Refer to Timon of Athens, Act 4, sc. i, l. 16: “TIMON … Religion to the gods, peace, justice, truth … [are core values]”

-       Policy versus conscience

This is what the Bard suggests in his play Timon of Athens, at Act 3, sc. ii, l. 85: “FIRST STRANGER … Men must learn now with pity to dispense; For policy sits above conscience.” Of course, that is a constant concern for investigators who must apply policies, such as “no discretion arrest” for certain offences even though they may disagree with them… Noteworthy as well is the further line in Timon of Athens, Act 3, sc. v, l. 83.  “… For law is strict.”

-       Reliance on our own past experiences

Timon of Athens contains a valuable illustration of the suggestion I make that investigators are allowed to look to their own experiences as some evidence in support of a general proposition, it being understood it is a starting point and not a conclusion.  See “OLD ATHENIAN. She is young … Our own precedent passions do instruct us What levity's in youth.” See Act 1, sc. i, l. 134.

-       Self-awareness is often a poor estimation

Do not let those who appear modest in their self-appraisal fool you and do not allow those who are not modest in so doing succeed in making you believe too great a talent do they possess.  See Act 2, sc. ii. L. 221: “TIMON. … You gods, reward them! Prithee, man, look cheerly. These old fellows Have their ingratitude in them hereditary. … Thou art true and honest; ingeniously I speak …”

-       Trust in those that deceive us

The quote that is found in Timon of Athens, Act 5, sc. i, l. 103 is relevant to this fear that detectives will accept the information put forward by deceivers and liars: “TIMON. There's never a one of you but trusts a knave That mightily deceives you.”