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Show Use of Scopolamine Would Violate Two I Fundamental Rules of Common Law I By DR. GEORGE W. KIRCHWEY, Penologist. I I O UrrOSE the suspect did tell the truth under the influence of I I scopolamine, the "drug-that-makes-you-tell-the-truth" that created I kJ 8" a Sfnsation in San Quenti Would evidence obtained through I its use be admissible in a court of law? No. I J(!Uri.83!tem 0f,lttW i8 accusatorial ther than inquisitorial. Men , used to be tortured to make them confess. The rack and thumbscrew were nsed. The idua may have been at one time to get the truth, but the effect was to wring a confession from the victim. The use of scopolamine might be classed as a mild form of torture; but, assuming that it does bring out the truth, it would violate two f unda-r unda-r mental rules of our common law. The first of these is that the accused !I person may not be questioned after arrest or during a magisterial hear- mg, and the second is that torture may not be used to extort the truth-In truth-In many European continental countries the magisterial function it inquisitorial. He questions the , witness, heckles him, tries to wring the I truth out of him. ; In the English common law this is not done ; it is not possible. Under j . our system the accused man cannot be questioned either preliminary to or I during his trial. A confession may not be obtained from a man unless it j is a free confession, given without fear or favor. Otherwise it cannot be j- I produced in court No immunity can be promised. A confession obtained I I under promise of immunity can't be introduced. I A AU that can be done is for the accused to be asked whether he I I wishes to make any statement, and even then the police official must , I caution him that anything he may say will be used against him. Indeed, J we carry it to the point that the district attorney may not draw the i f attention of the jury to the fact that the accused did not take the witness I stand. To do so is to furnish a basis for a new trial, and the higher court must grant a new trial. 3 Under the effects of scopolamine you will get the false and true, the fact and fantasy bubbling to the surface. If a man in his senses cannot be made to talk, how can he be made to talk by robbing him of his senses. - |
