POLICE INVESTIGATIONS 101

LESSONS FROM SHAKESPEARE’S OTHELLO

Gilles Renaud | Ontario Court Of Justice (Retired)

INTRODUCTION

In this article, I document the various elements of guidance and instruction from the play Othello that may result in enhanced excellence in investigative work.

Investigators succeed by asking sound and searching questions and my topic might lead to the query: why read a play from centuries ago to become a better police officer today? In response, I quote from Dean John Wigmore, a leading law professor and writer on evidence: "The lawyer must know human nature. He [or she] must deal understandingly with its types and motives. These he [or she] cannot all find close around ... For this learning he [or she] must go to fiction which is the gallery of life's portraits.”[1] If this proposition is sound, and surely, it is, then detectives are in the same situation as lawyers, for they also must understand humanity, flawed and at times violent and or scheming, and why not turn to fiction to accomplish this objective?[2]

In this contribution, I have organized my thoughts along thematic lines embracing demeanour evidence, followed by interviewing techniques and skills that police officers must acquire and hone, judgment in police word including human nature and concluding with the subject of professionalism. Thus, my goal is to assist investigators to excel in their difficult but vital work in bringing offenders to justice and in helping to exonerate those thought to have offended, whether suspects or already accused. My objective is best achieved, in part at least, by analyzing this excellent play.

DISCUSSION

Demeanour evidence as a guide to investigators

General introduction

Justice O'Halloran cautioned against the fear that a good actor might hoodwink the Court (and His Lordship would have added “the investigator” had he been asked) in Faryna v. Chorny, [1952] 2 D.L.R. 354 (B.C.C.A.), at para. 10. Refer as well to para. 46 of the judgment of Ryan J. A. in R. v. Sue, 2011 B.C.C.A. 91, to demonstrate the ongoing vitality of this judgment:

46 There are a number of cases which caution judges not to rely too heavily on demeanour in determining credibility. As stated by O'Halloran J.A. in the frequently cited case from this Court, Faryna v. Chorny, [1952] 2 D.L.R. 354 at paras. 10 …:

[10] If a trial Judge's finding of credibility is to depend solely on which person he thinks made the better appearance of sincerity in the witness box, we are left with a purely arbitrary finding and justice would then depend upon the best actors in the witness box. On reflection it becomes almost axiomatic that the appearance of telling the truth is but one of the elements that enter into the credibility of the evidence of a witness. Opportunities for knowledge, powers of observation, judgment and memory, ability to describe clearly what he has seen and heard, as well as other factors, combine to produce what is called credibility, and cf. Raymond v. Bosanquet (1919), 50 D.L.R. 560 at p. 566, 59 S.C.R. 452 at p. 460, 17 O.W.N. 295. A witness by his manner may create a very unfavourable impression of his truthfulness upon the trial Judge, and yet the surrounding circumstances in the case may point decisively to the conclusion that he is actually telling the truth. I am not referring to the comparatively infrequent cases in which a witness is caught in a clumsy lie.

Demeanour – body language observed closely to judge if it “matches” the words spoken

Consider a first example taken from another play, King Henry VI (Part1): “Plantagenet. Meantime your cheeks do counterfeit our roses; For pale they look with fear, as witnessing The truth on our side.” Refer to Act 2, sc. iv, l. 62. In effect, I imagine that you as the investigator are speaking, and that you are stating to the person you are interviewing: “your words and your demeanour are fighting each other as what you say is denied by your pale cheeks and fearful expression. In short, your face shows that you are caught in a lie!”

A further useful example follows of the appearance of the witness as a form of “lie-detector”. Refer again to King Henry VI (Part1), at 2-iv-64:

Somerset.

No, Plantagenet,
'Tis not for fear but anger that thy cheeks
Blush for pure shame to counterfeit our roses,
And yet thy tongue will not confess thy error.

Demeanour – What Shakespeare teaches us in Macbeth

The works of Shakespeare contain multiple examples of the dangers associated with demeanour evidence, a very controversial form of "testimony", and a subject that I have discussed critically in extra-judicial writings. Perhaps the best known of these examples is found in Act I, scene IV, of Macbeth: "Duncan: There's no art To find the mind's construction in the face." The companion reference that is best suited to underscore this point is set down in Act I, scene VII: "Macbeth ... Away, and mock the time with fairest show: False face must hide what the false heart doth know." I note as well how apposite is the passage that follows on the issue whether witnesses may be adept at feigning emotions: "... Let's not consort with them: To show an unfelt sorrow is an office Which the false man does easy." Refer to Act II, scene III of Macbeth.

In essence, Shakespeare teaches us two things:

o 1) We are not capable of assessing accurately what thoughts a person may be entertaining by means of their facial expression, and

o 2) A person is capable of assuming a "facial guise" that may well trick and deceive the observer.

In addition, both points are mutually reinforcing in the sense that the capacity that we all enjoy to adopt a "false face" only serves to exacerbate the general inability to discern "the mind's construction". In sum, the thoughts of a third party, a witness for our purposes, may not be judged fully and fairly based on their demeanour.

Demeanour – A brief excerpt from R. v N.S., [2012] 3 SCR 726

I only wish to quote this passage from the majority judgment of McLachlin C.J.C. and Deschamps, Fish and Cromwell JJ.A.:

Changes in a witness's demeanour can be highly instructive; in Police v. Razamjoo, [2005] D.C.R. 408, a New Zealand judge asked to decide whether witnesses could testify wearing burkas commented:

... there are types of situations ... in which the demeanour of a witness undergoes a quite dramatic change in the course of his evidence. The look which says "I hoped not to be asked that question", sometimes even a look of downright hatred at counsel by a witness who obviously senses he is getting trapped, can be expressive. So too can abrupt changes in mode of speaking, facial expression or body language. The witness who moves from expressing himself calmly to an excited gabble; the witness who from speaking clearly with good eye contact becomes hesitant and starts looking at his feet; the witness who at a particular point becomes flustered and sweaty, all provide examples of circumstances which, despite cultural and language barriers, convey, at least in part by his facial expression, a message touching credibility. [para. 78]

Demeanour – Guidance from Bowman A.C.J. of the Tax Court of Canada

The future Chief Justice of the Tax Court observed in Faulkner v. Canada (Minister of National Revenue - M.N.R.), [2006] T.C.J. No. 173:

13 Where questions of credibility are concerned, I think it is important that judges not be too quick on the draw. In 1084767 Ontario Inc. (c.o.b. Celluland) v. Canada, [2002] T.C.J. No. 227 (QL), I said this:

8 The evidence of the two witnesses is diametrically opposed. I reserved judgment because I do not think findings of credibility should be made lightly or, generally speaking, given in oral judgments from the bench. The power and obligation that a trial judge has to assess credibility is one of the heaviest responsibilities that a judge has. It is a responsibility that should be exercised with care and reflection because an adverse finding of credibility implies that someone is lying under oath. It is a power that should not be misused as an excuse for expeditiously getting rid of a case. The responsibility that rests on a trial judge to exercise extreme care in making findings of credibility is particularly onerous when one considers that a finding of credibility is virtually unappealable.

…

14 I continue to be of the view that as judges we owe it to the people who appear before us to be careful about findings of credibility and not be too ready to shoot from the hip. Studies that I have seen indicate that judges are no better than any one else at accurately making findings of credibility. We do not have a corner on the sort of perceptiveness and acuity that makes us better than other people who have been tested such as psychologists, psychiatrists or lay people. Since it is part of our job to make findings of credibility, we should at least approach the task with a measure of humility and recognition of our own fallibility. I know that appellate courts state that they should show deference to findings of fact by trial judges because they have had the opportunity to observe the demeanour of the witness in the box. Well, I have seen some accomplished liars who will look you straight in the eye and come out with the most blatant falsehoods in a confident, forthright and frank way, whereas there are honest witnesses who will avoid eye contact, stammer, hesitate, contradict themselves and end up with their evidence in a complete shambles. Yet some judges seem to believe that they can instantly distinguish truth from falsehood and rap out a judgment from the bench based on credibility. The simple fact of the matter is that judges, faced with conflicting testimony, probably have no better than a 50/50 chance of getting it right and probably less than that when their finding is based on no more than a visceral reaction to a witness. Moreover, it is essential that if an adverse finding of credibility is made the reasons for it be articulated. [Emphasis added]

Demeanour evidence – We all judge the looks of others, on a day-to-day basis, not just investigators

That demeanour is the stuff of day-to-day observations and judgments is supported by the quote that follows: “Polixenes. The king hath on him such a countenance …” See The Winter’s Tale – Act 1, sc. ii, l. 368.

Demeanour - Assuming a look, a countenance, to trick the person being spoken to

Goneril. Put on what weary negligence you please,
You and your fellows. I'd have it come to question.

With these words, at l. 517-518 of Act 1, sc. iii, of King Lear, Goneril invites her servant and his staff to deceive the King, her father, and obviously intends that they do so both by their inaction in following his orders and by their appearance in not showing any interest in their duties. That is the subtle nature of demeanour evidence as it goes hand in hand with words and objective actions such as holding out one’s hand to shake, for example, in a greeting in which a broad smile is visible. At all events, the Lady then states, at Act 1, sc. iii, l. 528-529 of that play: “Goneril. And let his knights have colder looks among you. …” In other words, a person may easily adopt a guise or a look, and demeanour, after all, is a form of communication that can be resorted to at will. The example that follows is in keeping with this line of thought: “Duke of Cornwall. This is some fellow Who, having been prais'd for bluntness, doth affect A saucy roughness …” Refer to Act 2, sc. ii, l. 1165.

Further about one’s ability to assume a certain element of demeanour, in our case involving a witness who seeks falsely to convince the listener, consider the passage that follows as support for this proposition:

Cassius. You are dull, Casca; and those sparks of life

That should be in a Roman you do want,

Or else you use not. You look pale and gaze

And put on fear and cast yourself in wonder,

[Julius Caesar, Act 1, sc. iii, l. 57-60] [Emphasis added]

Demeanour – Changes in manners and demeanour of persons that are being investigated

Refer to the passage found below, from Act 4, sc. ii, l. 13-19 of Julius Caesar, as a useful example:

Brutus. He is not doubted. A word, Lucilius,

Howhe receiv'd you: let me be resolv'd.

Lucilius With courtesy and with respect enough;

But not with such familiar instances,

Nor with such free and friendly conference,

As he hath us'd of old.

A careful investigator will wish to assess closely such elements as it might suggest that the parties thought to be on friendly terms are no longer and this might open fruitful investigative avenues.

Demeanour – Testimony, as a form of

At the outset, consider this example: “Oliver. This was not counterfeit: there is too great testimony in your complexion that it was a passion of earnest.” As You Like It, Act 4, sc. iii, l. 167-169. In other words, an investigator at their office may “read” the face of a witness and conclude how credible and / or reliable are the words spoken.

Demeanour – Multiple elements “on display” at once

Consider this example from our featured As You Like It: “Oliver. … but should I anatomize him to thee as he is, I must blush and weep and thou must look pale and wonder.” [1-i-146]

Demeanour – Acting, putting on the element(s) to convince

Consider this excellent example from As You Like It: “Orlando … I thought that all things had been savage here; And therefore put I on the countenance Of stern commandment. … [2-vii-107] Consider as well: “Phebe … Now counterfeit to swoon; why now fall down…” [3-v-16]

Demeanour – Assessing strangers versus persons you know well

The Merry Wives of Windsor, Act 1, scene iii, l. 42-44, includes these words: "Falstaff. I can construe the action of her familiar style; and the hardest voice of her behavior." This passage suggests clearly that one may better (or best?) construe the actions of others if one is familiar with the person. But, for investigators, the witnesses are often strangers, with the possible exception of police officers in the smaller centres. That is why Pistol adds to what Falstaff has just stated: "He hath studied her well." See line 46 of scene iii.

Demeanour - Further dangers of demeanour evidence

Introduction: Investigators must be mindful that a person's thoughts are not always revealed by their looks

I begin by focusing attention on our general inability to read thoughts by means of the facial features of others, by pointing to contrary authority. In effect, I acknowledge that many insist that we are capable of inviting fact finders to "read the thoughts" of others on their face, as did Shakespeare in Macbeth, Act I, scene V: "Your face, my thane, is as a book where men May read strange matters." In fact, Macbeth's features made plain his anxiety. I suggest that the fact that a witness is anxious or stressed may reflect little more than the anxiety associated with being in your office at the police station. It is, after all, a strange place for most individuals. More to he point, that the stress demonstrated by a witness, including the defendant, did not betray fear that the information provided is false and will be rejected, but rather the real concern that true testimony will not be accepted as it should be.

Indeed, is it not a plain truth that how others react to a certain situation is not capable of any universal rule or formula? Take the question of tears. Is the witness-accused breaking down in your office because of a realization that the doors to prison await, although he or she is innocent? In this light, note that in Macbeth, the son of the slain king states that he has not yet had time to weep in sorrow, in light of the circumstances: "... Let 's away; Our tears are not yet brew'd." See Act II, scene III.

A great number of further examples might be offered in attempting to demonstrate to detectives the soundness of the proposition that outward demonstrations of facial demeanour are simply too unreliable as bedrocks for any precise conclusions. I think it best to group these along thematic lines, for ease of consideration, always being mindful that each of these "tells" is easily capable of being feigned. The play Romeo and Juliet will be featured, of course, but other relevant examples will referenced.

The elements of demeanour evidence

Introduction – the contributions from Othello

It is suggested that a good introduction to this subject is found in Othello, Act 1, scene i, l. 60-65:

o Iago
Heaven is my judge, not I for love and duty
But seeming so, for my peculiar end:
For when my outward action doth demonstrate
The native act and figure of my heart
In compliment extern, 'tis not long after
But I will wear my heart upon my sleeve
For daws to peck at: I am not what I am.

In effect, the speaker is conscious of the fact that people generally expect that the outward appearance of the face and person will "testify" as to the internal thoughts. Thus, if Iago appears to be loyal and loving to his superior, it is feigned in order better to deceive his intended victim. This is the challenge posed by demeanour evidence: is the "external" Iago hiding what he is at bottom? Indeed, consider some later lines, starting at 169 of the same scene: "Iago ... Yet, for necessity of present life, I must show out a flag and sign of love, Which is indeed but sign ..." In few words, I am not sincere! In the same vein, we read: "Iago. Men should be what they seem; Or those that be not, would they might seem none!" Refer to Act 3, scene iii, l. 130-131. Since they are not, we look to demeanour evidence to assist us in judging if they are sincere and reliable.

Noteworthy as well is the following passage, found in Act 5, scene i, l. 106-110: "Iago. Stay you, good gentlemen. Look you pale, mistress? Do you perceive the gastness of her eye? Nay, if you stare, we shall hear more anon. Behold her well; I pray you, look upon her: Do you see, gentlemen? nay, guiltiness will speak, Though tongues were out of use."

Brow

I refer to Othello, Act 3, scene iii, l. 110-115 "Othello ... Thou dost mean something: I heard thee say even now, thou likedst not that, When Cassio left my wife: what didst not like? And when I told thee he was of my counsel In my whole course of wooing, thou criedst 'Indeed!' And didst contract and purse thy brow together, As if thou then hadst shut up in thy brain..."

Crocodile tears

This well-known manner of describing "false" emotion is exemplified in Othello, Act 4, scene i, l.240-243 "Othello ... If that the earth could teem with woman's tears, Each drop she falls would prove a crocodile."

Eyes

"Desdemona ... for you're fatal then! When your eyes roll so ..." Refer to Othello, Act 5, scene ii, l. 39-40. Act 4, scene ii, l. 26-27, includes these phrases: "Desdemona What is your pleasure? Othello Let me see your eyes; Look in my face. Desdemona What horrible fancy's this?" See also Act 5, scene i, l. 105-109: "... Stay you, good gentlemen. Look you pale, mistress? Do you perceive the gastness of her eye? Nay, if you stare, we shall hear more anon. Behold her well; I pray you, look upon her: Do you see, gentlemen? nay, guiltiness will speak, Though tongues were out of use." And Act 2, scene iii, l. 22-23, suggests clearly that one may interpret a great many things when examining the eyes. But if that is so, in the sense that many interpretations are possible, how many even one be held correct? Iago stated: "What an eye she has! Methinks a parley to provocation." Cassio responded: "An inviting eye; and yet methinks right modest."

Face

Consider this phrase, found in Othello, Act 3, scene iii, l. 50-52: "... I have no judgment in an honest face..." In other words, an honest face compels a favourable judgment in that we should believe what this person states.

Face

Refer to Othello, Act 4, scene I, l. 82-83 "Iago ... And mark the fleers, the gibes, and notable scorns, That dwell in every region of his face..." As well, I note that the face may well hide the treachery within, as suggested in the play at Act 2, scene i, l. 154: "Iago ... She that could think, and ne'er disclose her mind..." Refer as well to l. 306 of the same scene: "Iago ... Knavery's plain face is never seen in used."

Frowns

Othello, Act 4, scene iii, l. 18-21, provides this example: "Desdemona. So would not I my love doth so approve him, That even his stubbornness, his cheques, his frowns-- Prithee, unpin me,--have grace and favour in them."

Gestures

Act 4, scene i, l. 85-87 is quoted: "Iago ... For I will make him tell the tale anew, Where, how, how oft, how long ago, and when He hath, and is again to cope your wife: I say, but mark his gesture..." Later, at l. 135, we read: "Othello Crying 'O dear Cassio!' as it were: his gesture imports it."

Laughter

Othello, Act 4, scene i, l. 95-100, reads: "Iago ... it is a creature That dotes on Cassio; as 'tis the strumpet's plague To beguile many and be beguiled by one: He, when he hears of her, cannot refrain From the excess of laughter. Here he comes ..."

Looks

Othello includes these remarks in Act 3, scene iii, l. 210-214: "Iago. She did deceive her father, marrying you; And when she seem'd to shake and fear your looks, She loved them most." Earlier, Act 2, scene I, l. 34-34 provided this passage: "3 Gentleman ... though he speak of comfort Touching the Turkish loss, yet he looks sadly, And prays the Moor be safe; for they were parted With foul and violent tempest." "Looks dead for grieving". This phrase is found in the play at Act 2, scene iii, l. 168: "Othello ... Honest Iago, that look'st dead with grieving..."

Scorns

Refer to Othello, Act 4, scene I, l. 82-83 "Iago ... And mark the fleers, the gibes, and notable scorns, That dwell in every region of his face..."

Shaking

Iago wishes to blame Emilia for the attack on Cassio and states "... Go know of Cassio where he supp'd to-night - What do you shake at that? Bianca. He supp'd at my house; but I therefore shake not." See Othello, Act 5, scene i, l. 117-118. In the same final act, but at scene ii, l. 46-49: "Desdemona. That death's unnatural that kills for loving. Alas, why gnaw you so your nether lip? Some bloody passion shakes your very frame: These are portents; but yet I hope, I hope, They do not point on me."

Sighs

Othello, Act 1, scene iii, l. 157-158, includes this phrase, stated by Othello in describing how his future wife responded to his near-death adventures: "My story being done, She gave me for my pains a world of sighs..."

Smile

The example that follows is taken from Othello, Act 4, scene i, l. 100-103: "Iago ... As he shall smile, Othello shall go mad; And his unbookish jealousy must construe Poor Cassio's smiles, gestures and light behavior, Quite in the wrong..." A smile may be easily misinterpreted.

Visages of duty

This is the interesting image we encounter in Othello, Act 1, scene i, l. 52-56, during Iago's first condemnation of the Moor:

Iago ... Others there are Who, trimm'd in forms and visages of duty, Keep yet their hearts attending on themselves, And, throwing but shows of service on their lords, Do well thrive by them and when they have lined their coats Do themselves homage...

Voice

Othello, Act 1, scene i, l. 78-80, suggests clearly that a certain tone of voice, and degree of excitement, is expected in certain situations of stress, for example, noticing a fire. Thus: "Iago. Do, with like timorous accent and dire yell As when, by night and negligence, the fire Is spied in populous cities." Further, Act 4, scene i, l. 113, reads: "Othello. Now he denies it faintly ..." This last passage might assist a investigator in reaching a negative conclusion as to the merits of the explanation provided.

Interviewing skills

Admission

Othello, Act 4, scene i, l. 202-205, goes on at length in respect to Othello's desire to kill his wife. One precise passage follows: "Iago. Do it not with poison, strangle her in her bed, even the bed she hath contaminated. Othello. Good, good: the justice of it pleases: very good." I suggest that this kind of statement is enhanced by digging down and obtaining a fuller understanding. To the same effect is the phrase in Act 1, scene iii, l. 379-381 records Iago's phrase: "... I hate the Moor …”

Answers may be sought, even with some emphasis, but cannot be compelled

Othello, Act 1, scene iii, l. 182-188, illustrates this dynamic: "Othello. Worthy Montano, you were wont be civil; The gravity and stillness of your youth The world hath noted, and your name is great In mouths of wisest censure: what's the matter, That you unlace your reputation thus And spend your rich opinion for the name Of a night-brawler? give me answer to it." [Emphasis added] In addition, I add these remarks taken from Othello, Act 3, scene iv, l. 14-15: "Clown. I will cathechize the world for him; that is, make question, and by them answer…”

Brevity

Montano states "... While I spare speech ..." See Othello, Act 2, scene iii, l. 192. I do not suggest that you should ever invite witnesses to be brief. It leads to the testimony later on that “I wanted to give details but I was told not to!”

Challenging a witness by submitting information from other witnesses

Othello, Act 5, scene ii, l. 70-76, provides a useful illustration of the type of situation in which the well-prepared investigator invites a witness to explain information provided by other witnesses, but includes a lie, a most dangerous step. In the context of the play, when Desdemona indicates to Othello that Cassio should be called to support her denial of any adultery, Othello responds falsely: "He hath confess'd. Desdemona. What, my lord? Othello. That he hath used thee. Desdemona. How? unlawfully? Othello. Ay. Desdemona. He will not say so..." In effect, the witness stuck to her guns, an expression resorted to by Justice Myers at para. 39 of Elmardy v. Toronto Police Services Board et al., 2015 ONSC 2952, 126 O.R. (3d) 130. The relevant passage follows:

38 Although Mr. Elmardy says that Constable Pak punched him in the mouth, he had no problems with his teeth and his lip laceration was not big enough to require stitches. The defendants' counsel fairly put to Mr. Elmardy many of the discrepancies that he expected to raise in the evidence of his clients. Mr. Elmardy stuck to his guns. At one point he admitted speaking, "loudly" to the officers, but he subsequently made it clear that he denied that there was any further discussion other than the few words discussed above. He did then add a memory, when prompted in cross-examination, that near the end of the incident, Constable Poole ran Mr. Elmardy's name through her computer. He recalls that this was almost the last thing done before the police let him go. The computer records show that computer searches occurred between 7:26 p.m. and 7:31 p.m. This is consistent with the commencement of the incident at 6:50 to 7:00 o'clock

Clarify the speaker’s meaning, if required

Othello, Act 5, scene ii, l. 135-140, provides a wonderful example of a difficult to follow answer: "Othello. She was false as water. Emilia. Thou art rash as fire, to say That she was false: O, she was heavenly true!" What does “false as water” mean? In addition, consider the difficult to follow passage from Act 3, scene iii, l. 185-188: “Othello. ... Is once to be resolved: exchange me for a goat, When I shall turn the business of my soul To such exsufflicate and blown surmises, Matching thy inference…”

Clear recording is necessary

Desdemona remarks in Act 3, scene iii, l. 288: "Why do you speak so faintly?" For our purposes, this means that the investigator must ensure that the witness is heard clearly.

Contradictory information

On occasion, investigators must seek clarification in terms of apparently contradictory information. Consider the example that follows: "... masters, here's money for you: and the general so likes your music, that he desires you, for love's sake, to make no more noise with it..." See Othello, Act 3, scene i, l. 13-15.

Duty to hear the witness

In Othello, Iago states to Roderigo: "... but you will not hear me ..." See Act 1, scene i, l. 4. There is an imperative duty to receive a statement fro a witness, even if you believe they have nothing useful to contribute or will not be telling you the truth.

Duty to listen closely

Othello recounted to the Duke and the Court how Desdemona came to love him, for she would listen rapturously to the account of his life, "... She'ld come again, and with a greedy ear Devour up my discourse ..." Refer to Act 1, scene iii, l. 149-150.

False face

The notion of one who will "Wear heart on sleeve" in the sense that the witness puts on a false face is discussed fully in the section on demeanour evidence. Nonetheless, it is of assistance to reproduce what follows from Othello, Act 1, scene i, l. 66-67: “Iago. But I will wear my heart upon my sleeve For daws to peck at: I am not what I am." In few words, investigators should beware.

Human cost of providing information to police

Othello, Act 5, scene ii, concludes with this phrase starting at line 375: "... This heavy act with heavy heart relate." All persons are concerned with reprisals when they provide assistance to the authorities.

"I do not know"

Investigators who interview witnesses must be prepared to receive such responses and not be concerned as it often displays evidence of candour. For example, in Othello, Act 1, scene ii, l. 263-266, we read this exchange:

Iago. Faith, he to-night hath boarded a land carack:

If it prove lawful prize, he's made for ever.

· Cassio. I do not understand.

Iago. He's married.

Leading question

A sound example follows, from Othello, Act 1, scene iii, l. 63-68, of rather subtle leading question:

Whoe'er he be that in this foul proceeding Hath thus beguiled your daughter of herself And you of her, the bloody book of law You shall yourself read in the bitter letter. After your own sense, yea, though our proper son Stood in your action.

In the play, this occurs when the Duke is told in general lines that Roderigo may have suffered a grievous wrong respecting his daughter. By including the words “foul and “beguiled” the person informing him of these “facts” is seeking to convince him. The correct practice is to ask if he has any knowledge. One does not inform witnesses as to contested facts; one questions them.

Noteworthy as well is the question that follows, offering the listener two scenarios. It is thus not leading. "First Senator. But, Othello, speak: Did you by indirect and forced courses Subdue and poison this young maid's affections? Or came it by request and such fair question As soul to soul affordeth?" Othello, Act 1, scene iii, l. 113-114. The better course, though, is for the neutral question “What led to this relationship” to be asked. Indeed, when you begin with reference to “forced” and “poison”, you are suggesting an answer for all intents and purposes.

Patience in obtaining information

Courts advises jurors not to discuss the case until final instructions for the reason that until the last question is asked by counsel, the last submission about the testimony is debated and final instructions provided, one cannot say whether, in the words of Gratiano, "... All that's spoke is marr'd." See Othello, Act 5, scene ii, l. 360. In other words, until all has been weighed and examined, it may well be that a premature and unsafe conclusion will be reached. In this case, until the sham of the handkerchief is discovered, and the treachery of Iago exposed, Othello was wrongly convinced of his wife's infidelity. For you as investigator, you must avoid premature conclusions and continuously strive to examine how new information influences the tentative views you have reached to that moment.

I add these useful comments drawn from Act 2, scene iii, l. 358 of Othello: "Iago. How poor are they that have not patience? What wound did not heal but by degrees?"

Perjury, warning on the subject of

Refer to the example found in Othello, Act 5, scene ii, l. 53-55: "... Othello. Sweet soul, take heed, Take heed of perjury; thou art on thy deathbed." In my view, the correct procedure is to warn potential witnesses as to the consequences of perjury and of providing false information at the outset of the interview. Act 4, scene ii, l. 36-39 makes plain that if one lies under oath, two falsehoods are being made: the untruth under oath, and the attempt to cover up the initial offence. "Othello. Come, swear it, damn thyself Lest, being like one of heaven, the devils themselves Should fear to seize thee: therefore be double damn'd: Swear thou art honest. Desdemona Heaven doth truly know it."

I note as well that it is typical of Shakespeare’s plays to have oaths taken and disregard without much by way of concern. Indeed, “swear today; "unswear" tomorrow is the general sense one gets after reading this passage from Othello, Act 4, scene I, l. 30-31: "Othello. Hath he said any thing? Iago. He hath, my lord; but be you well assured, No more than he'll unswear."

Poker player, the witness is a good

That a witness is "tough to read" is a fact of life for investigators. In this context, I refer to Othello, Act 2, scene i, l. 154-155: "... She that could think and ne'er disclose her mind...” per Iago.

Repetition

Investigators, in my humble opinion, ought not to try to advise witnesses to avoid repetition or to be brief. In many instances, I suggest, the fact that a witness tends to repeat information may be quite valuable in terms of providing insights into their perspective on things, either in demonstrating a great desire to insist on something that might not be justified, on the one hand, or in placing well-justified emphasis, on the other. For example, Cassio insists on certain elements in Othello, Act 1, scene ii, l. 243-245: "The duke does greet you, general, And he requires your haste-post-haste appearance, Even on the instant." Note as well the phrase of the Duke of Venice. "Write from us to him; post-post-haste dispatch ..." A further example of justified repetition is seen at Act 1, scene iii, l. 159-160: "Othello ... She swore, in faith, twas strange, 'twas passing strange, 'Twas pitiful, 'twas wondrous pitiful ..."

Further, Othello, Act 1, scene iii, records another useful example, drawn from Iago's phrase at lines 340-350:

... I could never better stead thee than now. Put money in thy purse; follow thou the wars; defeat thy favour with an usurped beard; I say, put money in thy purse. It cannot be that Desdemona should long continue her love to the Moor,-- put money in thy purse,--nor he his to her: it was a violent commencement, and thou shalt see an answerable sequestration:--put but money in thy purse. These Moors are changeable in their wills: fill thy purse with money:--the food that to him now is as luscious as locusts, shall be to him shortly as bitter as coloquintida. She must change for youth: when she is sated with his body, she will find the error of her choice: she must have change, she must: therefore put money in thy purse...

A few lines later, at 360-361, Iago adds "... I have told thee often, and I re-tell thee again and again, I hate the Moor..."

All that said, here are examples of evasion by repetition. A sound first example of evasion by repetition is seen in Othello, Act 3, scene iii, l. 105-111, as follows:

o Othello
Is he not honest?
Iago
Honest, my lord!
Othello
Honest! ay, honest.
Iago
My lord, for aught I know.
Othello
What dost thou think?
Iago
Think, my lord!
Othello
Think, my lord!
By heaven, he echoes me,
As if there were some monster in his thought
Too hideous to be shown...

Othello then added, at lines 113-119: "Thou dost mean something: I heard thee say even now, thou likedst not that, When Cassio left my wife: what didst not like? And when I told thee he was of my counsel In my whole course of wooing, thou criedst 'Indeed!' And didst contract and purse thy brow together, As if thou then hadst shut up in thy brain Some horrible conceit: if thou dost love me, Show me thy thought."

Noteworthy as well is the passage found in Act 3, scene iv, l. 92-98:

Othello. Fetch me the handkerchief: my mind misgives.

o Desdemona. Come, come; You'll never meet a more sufficient man.

o Othello. The handkerchief!

o Desdemona. I pray, talk me of Cassio.

o Othello. The handkerchief!

o Desdemona. A man that all his time Hath founded his
good fortunes on your love, Shared dangers with you,-

o Othello. The handkerchief!

o Desdemona. In sooth, you are to blame.

o Othello. Away!

There might be instances in your career wherein you question a witness in this fashion.

"Rude in my speech"

Othello states in Act 1, scene iii, l. 81-82: "... Rude am I in my speech...” One is reminded of certain television lawyers who skillfully portray themselves as inept at "speechifying" who then go on to give a great speech. Always beware of those who claim to have no ability in terms of eloquence, especially witnesses who appear too poised at the outset, suggesting practice and repetition.

"Say nothing, but it is so"

Othello, Act 1, scene iii, l. 73-75 reads: "Duke, [To Othello] What, in your own part, can you say to this? Brabantio. Nothing, but this is so." I

It is often said by judges at conferences: "There is nothing that an innocent person may say in their defence other than I am not guilty.'" One must not lose sight of the fact that in certain cases, the defendant has no information about the crime because of the fact that they had no involvement in the offence! Investigators must keep an open mind, always.

Start at the beginning, and proceed in orderly fashion

An example of this method with which to interview witnesses, though producing a false result in the play as it turns out, is found in Othello, Act 2, scene iii, l. 170-180, when Iago is asked how the melee began: "I do not know ... and then ... Swords out, and tilting one at other's breast, In opposition bloody. I cannot speak Any beginning to this peevish odds ..." That being said, if the witness wishes to start at the end, let them if it will put them at ease as all that matters is getting all of the details. I say this as I recall a young officer who took a call from a frantic mother who started to say that her very young daughter disclosed sexual abuse while taking a bath a few moments earlier. The inexperienced officer stopped her, and stated that he wanted all of her contact information and then insisted that the account begin with the return to the home prior to the bath, At the end of the interview, as the mother noted at trial, she was totally confused and got the facts mixed up

Vacillate in testimony in your office or at the scene of the crime

Othello is heard to say: "By the world, I think my wife be honest and think she is not; I think that thou art just and think thou art not. I'll have some proof. Her name, that was as fresh As Dian's visage, is now begrimed and black ..." See Act 3, scene iii, l. 385-389. If a witness speaks in this manner, you ought to be careful but that is different from you as investigator demonstrating some hesitancy prior to reaching a conclusion.

Voir dire and alcohol

Othello, Act 2, scene iii, l. 68 reads: "Iago ... Why, then, let a soldier drink." Whatever may be the merits of that proposition for the military, the fact remains that no soldier, or anyone else, who is interviewed is to be given alcohol. It is an inducement and serves to reduce their degree of reliability.

Voir dire and the issue of bail or jail? - The example from Othello

"Othello ... Where will you that I go To answer this your charge? Brabantio. To prison, till fit time Of law and course of direct session Call thee to answer." See Act 1, scene ii, l. 85-87. In this situation, it was perceived as perfectly normal that one be detained prior to being provided with an opportunity to defend oneself from an accusation. In this context, refer to the many examples of almost thoughtless decisions that arrested persons be jailed, cited in Professor M.L. Friedland's seminal text, Detention Before Trial, Toronto, University of Toronto Press, 1965. One example from a legion is found at page 63 about the former situation of a Justice of the Peace almost "embedded" in a police station who was thus highly susceptible to the suggestions of the police as to the continued detention of persons charged.

In few words, great care is required to ensure that the discussion about “what happens after my interview?” not sabotage the statement taking exercise.

Voir dire and the issue of threats

May one speak of anything but a false confession if the detainee is told he or she is to die! "Othello Yes, presently: Therefore confess thee freely of thy sin; For to deny each article with oath Cannot remove nor choke the strong conception That I do groan withal. Thou art to die." See Act 5, scene ii, l. 55-60. In addition, A Life at Law The Memoirs of I.A. Maisels, Q.C. by Isie Maisels, Johannesburg: Jonathan Ball Publishers, 1998 and Odyssey to Freedom, by George Bizos, S.C., Houghton, South Africa, Random House, 2007, are replete with examples of how the South African police apparatus would extract confessions from detainees.

"Wit depends on dilatory time"

Act 2, scene iii, l. 358 of Othello records: "... Though know'st we work by wit, and not by witchcraft; And wit depends on dilatory time." For our purposes, an investigator must be mindful that if a witness cannot claimed to have been rushed, they lose a substantial basis for complaint at trial and a questioner who is rushing with questions may well make quite avoidable mistakes.

Worst case situation, invite witness to discuss

Othello, Act 3, scene iii, l. 132-135 reads: "Iago. Why, then, I think Cassio's an honest man. Othello. Nay, yet there's more in this: I prithee, speak to me as to thy thinkings, As thou dost ruminate, and give thy worst of thoughts The worst of words." At times, it may be wise to ask a witness who has apparently responded fully and fairly to all of your questions to go forward and to speculate a bit, as this may lead to new avenues of investigation.

Investigative skills

Alcohol muddled minds

One of the great challenges facing investigators surrounds cases in which a witness (or more) have consumed alcohol or drugs (or both) and cannot provide as coherent an account of the events they claim to have witnessed. In this context, Cassio states: "I remember a mass of things, but nothing distinctly; a quarrel, but nothing wherefore. O God, that men should put an enemy in their mouths to steal away their brains! that we should, with joy, pleasance revel and applause, transform ourselves into beasts!" Refer to Act 2, scene iii, l. 278-283. Earlier, he had noted how he could not tolerate alcohol.

Animosity that may spur on a witness

Investigators may wish to focus on the question whether a witness is focused on past grievance involving this or similarly situated party and may thus be unable to fairly recount what has transpired. Othello, Act 1, scene iii, l. 204-205, provides a colourful canvas for this illustration, as made plain by the Duke who noted: "... By seeing the worst, which late on hopes depended. To mourn a mischief that is past and gone Is the next way to draw new mischief on..."

Assess what the potential witness does know of the situation

Investigators must evaluate the means of knowledge that witnesses possess including the opportunity to observe, to retain, to repeat information. Their judgment is always a matter to be judged. In this context, Iago is quoted as follows in Othello, Act 3, scene iii, l. 237-241: "... Foul disproportion thoughts unnatural. But pardon me; I do not in position Distinctly speak of her; though I may fear Her will, recoiling to her better judgment, May fall to match you with her country forms And happily repent." The portion I have emphasized may well describe the limitations that the witness acknowledges about their knowledge.

Character witness to be sought

Investigators should seek out those who can vouch for important witnesses. “Emilia. Nor ever heard, nor ever did suspect [anything negative about ...." Refer to Act 4, scene ii, l. 2.

“Cherchez l’argent” if such was the motivation for the crime

"First Senator. We must not think the Turk is so unskillful, To leave that latest which concerns him first, Neglecting an attempt of ease and gain, To wake and wage a danger profitless." See Othello, Act 1, scene iii, l. 26-29. Expressed otherwise, it is often said that the key to "figuring out" a detective novel is to look for the money, or the love interest. In terms of successful investigations, one must be mindful of the primary motivation of the parties in the case, and of the witnesses, and of their secondary goals, and so on. Consider the typical trial for shoplifting. Too often, the store security guard appears wholly focused on demonstrating that the accused was looking around in all directions, often and visibly, in order to underscore that they were engaged in the illegal entreprise of hiding an object on their person or in a bag, without being seen. The more they insist on the fact that the person was looking all around, the more you might question why the security guard was not observed.

Death before dishonor

In Othello, Act 3, scene iii, l. 25-27, we read: "... therefore be merry, Cassio; For thy solicitor shall rather die Than give thy cause away." Perhaps a bit extreme, but the thought is valiant. An inspiring example of devotion to duty is found in Lord Birkenhead's Introduction to the biography of Sir Edward Marshall Hall For the Defence: "... Mr. Marjoribank's chapters reveal how often Marshal Hall disdained the prudent dictates of self-interest when he imagined that the interests of his clients was at stake." [See page vii, New York: The MacMillan Company, 1930.] For investigators dealing with ordinary individuals and not world famous defence lawyers such as Hall, I merely suggest that you pay close attention to any such extravagant comments by witnesses. They might be instrumental in reaching your conclusions.

Dying declaration - Not always faithful to the true facts

Othello, Act 5, scene ii, l. 123-132, provides a useful example of a dying declaration in which the victim fails to identify her murderer: "Emilia. O, who hath done this deed? Desdemona. Nobody; I myself. Farewell Commend me to my kind lord: O, farewell!" Indeed, the murderer then attempts to take advantage of the situation: "Othello. Why, how should she be murder'd? Emilia. Alas, who knows? Othello. You heard her say herself, it was not I. Emilia. She said so: I must needs report the truth..." Immediately after, Othello accepts responsibility.

Evidence – function is to gather reliable

Note the interesting turn of phrase found in Othello, Act 3, scene iii, l. 433-434: "Iago And this may help to thicken other proofs That do demonstrate thinly." A few lines later, at 443-444, Iago adds: "If it be that, or any that was hers, It speaks against her with the other proofs." These passages serve to underscore that the “proofs” to be collected must be reliable.

Habit, proof of, may be of slight importance

Othello, Act 1, scene iii, l. 105-109, records the suggestion by Desdemona's father that she could not have willingly married Othello as he represents all that she disliked and feared, to which the Duke responds: "... To vouch this, is no proof, Without more wider and more overt test Than these thin habits and poor likelihoods Of modern seeming do prefer against him." [Emphasis added]

Honour

Iago begins the second scene of Act 1 of Othello by stating: "Though in the trade of war I have slain men, Yet do I hold it very stuff o' the conscience To do no contrived murder: I lack iniquity..." See lines 202-205. Note also the words pronounced by Iago at Act 1, scene iii, l. 337: "... Drown thyself! Drown cats and blind puppies..." In other words, one need not justify why cats need be killed, in the opinion of one person, it seems, but the drowning of dogs, well, that requires some justification…

Human nature – Humanity seeks benefits and to avoid injury

Othello, Act 1, scene iii, l. 313, records Iago's phrase: "... since I could distinguish betwixt a benefit and an injury..." Investigators must do the same, that is to say examine the case and draw a route that best assists the prosecution to achieve success.

Investigator as a judge of the facts

Judge the value of a witness statement before relying upon it. This is more or less the advice found in Othello, Act 1, scene i, l. 37, as stated by Iago in a far different context: "... be judge yourself, Whether I in any just term am affined To love the Moor." In effect, the successful investigator asks the questions that a judge will: how close was the witness to the controversial event? Is the witness biased in any fashion? Did the witness retain what was perceived? How well soon after the event did the witness make notes? And so on …

Likelihood that proof exists must be weighed carefully

Mistakes – may arise when two homonyms are spoken

Act 3, scene i, l. 7-9 of Othello reads "Clown. O, thereby hangs a tail. First Musician. Whereby hangs a tale, sir?" In other words, investigators must be careful to avoid mistakes of this nature. As a young defence lawyer, before disclosure was in fact a reality, I asked a witness "Que portait mon client?" [What was my client wearing?] This was to further an identification defence. In French, it also means what was my client carrying? The response was "un gros couteau!" [A large knife!], something neither the police nor my client has brought to my attention!

Consider as well Act 3, scene iv, l. 10-13: "Desdemona. Go to: where lodges he? Clown. To tell you where he lodges, is to tell you where I lie. Desdemona. Can any thing be made of this? Clown.I know not where he lodges, and for me to devise a lodging and say he lies here or he lies there, were to lie in mine own throat."

Nets that are small may trap big prizes!

Noteworthy in this context is what Iago states at Act 2, scene i, l. 167 of Othello: "[Aside] He takes her by the palm: ay, well said, whisper: with as little a web as this will I ensnare as great a fly as Cassio."

Rashness in judgment, to be avoided

Othello, Act 2, scene i, l. 266 reads: "Iago. Sir, he's rash, and very sudden in choler ..."

Reputation evidence to be sought

Othello, Act 1, scene ii, l. 222-225 reads: "Othello Let him do his spite: My services which I have done the signiory, Shall out-tongue his complaints..." Consider as well the words of Cassio who stated: "Reputation, reputation, reputation! O, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial. My reputation, Iago, my reputation!" Refer to Othello, Act 2, scene iii, l. 254-256.

I hasten to add that reputation evidence cannot be self-proclaimed. In Othello, Act 2, scene iii, l. 257-260, Iago speaks at length on this subject:

Iago
As I am an honest man, I thought you had
received some bodily wound; there is more sense
in that than in reputation. Reputation is an
idle and most false imposition: oft got without
merit, and lost without deserving: you have lost
no reputation at all, unless you repute yourself
such a loser...

Safety of your witnesses

Othello, Act 3, scene iii, l. 380 reads: "Iago ... To be direct and honest is not safe ..." For present purposes, I interpret those words to mean that those who provide reliable information to the police expose themselves to the threat of reprisals.

Self-defence, are the facts suggesting that no such defence applies?

The sword fight in Othello, Act 2, scene iii, provides the investigator with a good introduction to the question of testing the limits of self-defence. For example, who initiated the combat, who provoked it and whether it is a proportionate response, etc. These questions illustrate how the law of self-defence might be applied and interpreted. Consider the phrase: "Iago ... your case is better…” found at Act 4, scene i, l. 69. For the detective, the correct question should be framed as “is there a case?”

Separating the wheat from the chaff

Consider this phrase, found in Othello, Act 3, scene iii, l. 48-50: "Desdemona ... For if he be not one that truly loves you, That errs in ignorance, and not in cunning ...” I suggest that whether an action is motivated by ignorance or by cunning may be interesting but your first duty is to establish that the witness can speak to the fact of the action. Thereafter, the prudent investigator drills deeper as to the background facts.

Turning over rocks and then even more…

The successful investigator will examine evidence including statements in order to see if something that appears quite important can be explained from a more innocent perspective. For example, prudence requires that local customs be examined to ensure that an explanation for an apparently violent act is not overlooked. In this context, consider what follows, from Act 2, scene i, l. 56 of Othello: "Second Gentleman. They do discharge their shot of courtesy: Our friends at least..." to make plain that the port's cannon is shot as a form of greeting. What if one of the witnesses is not familiar with the custom and were to interpret this action as a form of attack?

Unconscious acts

Investigators must be alert to the fact that many potential witnesses are struggling with addictions and other similar situations that may distort their perceptions and thinking. Othello reports at Act 2, scene i, l. 6, that to celebrate the triumph during the war, a celebration was to occur and "... each man to what sport and revels his addiction leads him ..." was to be permitted.

Values of the witness as a reliable indicator of fact?

See Othello, Act 5, scene ii, l. 228: "Gratiano. Fie! Your sword upon a woman?" A number of offenders have testified before me over the years in which they indicated that they may well be criminals, but they would never “… take candy from a baby … hurt a child … commit a sexual crime … touch a woman … victimize an elderly person … etc. ” Thus, I invite investigators to consider whether the values of a witness increase or decrease their reliability.

Voice identification

A simple example is found in Othello, Act 1, scene i, l. 100: "Roderigo. Most reverend signior, do you know my voice? Roderigo. Not I. What are you? Roderigo. My name I Roderigo..." That example turns out to be true in the play, but one must be careful that a witness not testify as to what s/he heard as to a person's name without verification that the source of information was accurate. What if the true culprit of a window breaking had yelled out to the victim, "It's Joe Shmoe, I am sorry, I will pay for it ..." but the person was not Joe?

"Warts and all" – the investigator's role must include pointing out problems

The famous phrase attributed to Cromwell is hinted at in Othello, Act 2, scene iii, l. 124-127: "Montano ... Perhaps he sees it not; or his good nature Prizes the virtue that appears in Cassio, And looks not on his evils: is not this true?" For example, you must include information for the defence as to the criminal histories of witnesses and McNeil reports in respect to police officers

Judgment in investigations

"Answer any thing", but fails to do so in fact

Othello, Act 1, scene i, l. 133, includes these words: "Sir, I will answer any thing ..." in response to a question, and goes on to speak over a dozen lines. But, if one examines his responses, he says nothing of substance; all he states is supposition, surmise and slander. Investigators must be careful of such a witness, able to dress himself or herself in a similar coat of many reliable answers but who resorts to this device as a cloak to hide the truth.

Circumstantial evidence - may appear damning, but without justification

Cassio states: "Has had most favourable and happy speed: Tempests themselves, high seas, and howling winds, The gutter'd rocks and congregated sands - Traitors ensteep'd to clog the guiltless keel ..." This passage, found in Othello, Act 2, scene i, l. 69-71, serves to illustrate how dangerous such evidence may be. A second example is found in Act 3, scene iii, l. 410-411: "Iago ... I heard If imputation and strong circumstances, Which lead directly to the door of truth, Will give you satisfaction, you may have't." A few lines later, at 443-444, Iago adds: "If it be that, or any that was hers, It speaks against her with the other proofs."

Conceit of a witness must be assessed

Othello remarked, at lines 113-119 of Act 3, scene iii:

Thou dost mean something: I heard thee say even now, thou likedst not that, When Cassio left my wife: what didst not like? And when I told thee he was of my counsel In my whole course of wooing, thou criedst 'Indeed!' And didst contract and purse thy brow together, As if thou then hadst shut up in thy brain Some horrible conceit: if thou dost love me, Show me thy thought."

In addition, Othello, Act 3, scene iii, l. 328, reads: "Iago ... The Moor already changes with my poison: Dangerous conceits are, in their natures, poisons. Which at the first are scarce found to distaste ..."

Confidence versus reliability

In the example that follows, I suggest that the witness may be mistaken because of the ease with which the sound in question may be imitated by anyone having a trumpet, notwithstanding the confident tome of the witness. "Iago ... The Moor! I know his trumpet." Othello, Act 2, scene i, l. 175. Investigators ought not to be fooled by assuming that confidence is a reliable indication of ability. By way of contrast, Othello, Act 5, scene i, l. 22, provides an example of a more challenging physical marker to be imitated: "Roderigo I know his gait, 'tis he..."

"Cuts both ways" - Examine if two possible conclusions are available, as is often the case

A speech by Brabantio in Othello, Act 1, scene iii, l. 210, makes plain this possibility:

So let the Turk of Cyprus us beguile; We lose it not, so long as we can smile. He bears the sentence well that nothing bears But the free comfort which from thence he hears, But he bears both the sentence and the sorrow That, to pay grief, must of poor patience borrow. These sentences, to sugar, or to gall, Being strong on both sides, are equivocal..."

Dissemble, is it difficult to

Othello, Act 3, scene iv, l. 31-34 reads: "Othello. Well, my good lady. [Aside] O, hardness to dissemble! ..."

Duped, consider whether the witness was too trusting

Note that Iago stated, in Othello, Act 1, scene iii, l. 392-394: "... The Moor is of a free and open nature, That thinks men honest that but seem to be so, And will as tenderly be led by the nose As asses are..." To the same effect is the quote found in Act 4, scene i, l. 98: "Iago... To beguile many and be beguiled by one..." In the final analysis, a prudent detective will consider whether this type of personality led to a witness to far too easily and uncritically accept certain information as being correct. My use of “duped” is not in the sense of led to commit a crime but rather led to believe in a false set of facts.

Emotions and criminality

An example of how passion might overwhelm anyone, even a judge, is found at Othello, Act 5, scene ii, l. 17-18: "Othello. [Kissing her] Ah balmy breath, that dost almost persuade Justice to break her sword! ..." Note as well Iago's observation in Othello, Act 1, scene iii, l. 329-332: "... but we have reason to cool our raging motions …”

Emotions run a course, and might be less powerful in time

Othello, Act 1, scene iii, l. 341 is the start of Iago's chilling phrase:

... It cannot be that Desdemona should long continue her love to the Moor ... nor he his to her: it was a violent commencement, and thou shalt see an answerable sequestration ... These Moors are changeable in their wills ... the food that to him now is as luscious as locusts, shall be to him shortly as bitter as coloquintida. She must change for youth: when she is sated with his body, she will find the error of her choice: she must have change, she must...

Equivocation

This is a term dear to Shakespeare. In Othello, Act 3, scene iii, l. 34-38, Othello asks: "What dost thou say? Iago Nothing, my lord: or if-I know not what." One is reminded of the apocryphal story of the American police officer who was asked whether he had committed a precise crime whilst investigating a suspected spy and who responded: "I do not recall beating this suspect to get a confession, but if I did, it was in the national interest!"

Errors – Investigators root out errors

An example is seen in Othello, Act 2, scene i, l. 143: "Desdemona O heavy ignorance! That praises the worst best."

Evidence based decisions

Othello, Act 1, scene iii, l. 1-2 reads: "Duke There is no composition in these news That gives them credit." In the same fashion, criminal courts cannot be easily made to accept propositions, in light of who bears the onus, without some foundation. In this vein, a little later, at l. 15-18, the First Senator states: "This cannot be, By no assay of reason. Tis a pageant to keep us in false gaze..." In other words, the enemy has feigned a certain movement to throw off its adversary. In investigating allegations of wrongdoing, detectives must be vigilant as to what are the main points of controversy and what are details, “diversions and faints”, so to speak.

I note as well the wisdom of Othello, Act 2, scene i, l. 160: "Desdemona. O most lame and impotent conclusion!" One may well avoid this type of adverse judgment if the basis for the conclusion you as investigator put forward is fully demonstrated. A further example is found in the play at Act 23, scene iii, l. 190-196: "Othello. Where virtue is, these are more virtuous: Nor from mine own weak merits will I draw The smallest fear or doubt of her revolt; For she had eyes, and chose me. No, Iago; I'll see before I doubt; when I doubt, prove; And, on the proof, there is no more but this - away at once with love or jealousy!" Noteworthy as well is the following: "Othello. Make me to see't; or, at the least, so prove it, That the probation bear no hinge nor loop To hang a doubt on; or woe upon thy life!" See Act 3, scene iii, l. 368-370.

Eyes

“Disbelieving one’ own eyes” is a well-known expression and a relevant illustration is found in Act 4, scene i, l. 237-239:

o Desdemona
Why, sweet Othello,--
Othello
[Striking her] Devil!
Desdemona
I have not deserved this.
Lodovico
My lord, this would not be believed in Venice,
Though I should swear I saw't...

Fact finding 101 – people pursuit pleasure and avoid pain

It is no great feat to ascertain that a person wishes to eat good meals. In this vein, note how Desdemona states in Othello, Act 3, scene iii, l. 77-78, that "... this is not a boon; 'Tis as I should entreat you wear your gloves, Or feed on nourishing dishes, or keep you warm, Or sue to you to do a peculiar profit To your own person..." In other words, self-evident facts are not in issue, typically.

Flight, refusing to leave the scene, to avoid giving poor impression

Iago suggests to the Moor that he flee in Othello, Act 1, scene ii, l. 234-237, but the latter responds: "Not I I must be found: My parts, my title and my perfect soul Shall manifest me rightly..." In other words, flight would amount to a circumstantial admission of wrongdoing whilst to remain suggests that no wrong has been committed. Flight as circumstantial evidence of guilt is referenced in a further passage at Act 3, scene iii, l. 38-40: "Iago. Cassio, my lord! No, sure, I cannot think it, That he would steal away so guilty-like, Seeing you coming."

Foolish behaviour, a thought devoted to

We encounter this phrase in Othello, Act 3, scene iii, l. 418: "Iago ... Prick'd to't by foolish honesty and love ...," A little later in that scene, at line 386.Iago adds: "I should be wise; for honesty's a fool, And loses that it works for."

Honesty, judging that of the witnesses

Othello states the following in Act 3, scene iii, l. 262-267: "This fellow's of exceeding honesty, And knows all qualities, with a learned spirit, Of human dealings. If I do prove her haggard, Though that her jesses were my dear heartstrings, I'ld whistle her off and let her down the wind, To pray at fortune...'

Illogical acts may be quite well thought out

On occasion, investigators are tasked with files that contain apparently nonsensical offences for which no profit or advantage may be ascertained. In fact, an investigation may disclose the tortuous reasoning. For example, an extortion of a restaurateur at one end of the city may be perpetuated by suggesting that a totally distinct and distant colleague will suffer a fire that night. In this context, consider this quote: "Iago ... you are but now cast in his mood, a punishment more in policy than in malice, even so as one would beat his offenceless dog to affright an imperious lion: sue to him again, and he's yours." The attack on the dog may serve a purpose, even if the logic is tortured. See Othello, Act 2, scene iii, l. 265-268.

Improbable stories might nonetheless be true

Investigators must always be concerned that the evidence pointing to a certain result may be improbable, but it might well be reliable nonetheless. As Lord Halsbury wrote: "... Very little experience of courts of justice would convince any one that improbable stories are very often true notwithstanding their improbability." Refer to "The Ethics of Advocacy", by Showell Rogers, (1899), 15 L.Q.R. 259, at page 265.

Jealousy and wrongdoing

What follows is what Othello recites at Act 5, scene ii, l. 347-354:

... you shall these unlucky deeds relate, Speak of me as I am; nothing extenuate, Nor set down aught in malice: then must you speak Of one that loved not wisely but too well; Of one not easily jealous, but being wrought Perplex'd in the extreme; of one whose hand, Like the base Indian, threw a pearl away Richer than all his tribe; of one whose subdued eyes, Albeit unused to the melting mood, Drop tears as fast as the Arabian trees ..."

Jealousy serves to distort judgment of witness

Othello, Act 2, scene i, l. 293-294, suggests clearly that counsel and the Court must gauge to what extent jealousy may have affected the reliability of the perceptions of the witness: "Iago ... At least into a jealousy so strong That judgment cannot cure..." A further relevant quote appears in Act 3, scene iv, l. 23-25: "Desdemona. Believe me, I had rather have lost my purse Full of crusadoes: and, but my noble Moor Is true of mind and made of no such baseness As jealous creatures are, it were enough to put him to ill thinking." We read a few later, at 160-163: "Emilia. But jealous souls will not be answer'd so; They are not ever jealous for the cause, But jealous for they are jealous: 'tis a monster Begot upon itself, born on itself." I refer as well to Othello, Act 3, scene iii, l. 326-328: "Iago ... Trifles light as air Are to the jealous confirmations strong As proofs of holy writ..." Note also Act 3, scene iii, l. 169-173: "Iago O, beware, my lord, of jealousy; It is the green-eyed monster which doth mock The meat it feeds on; that cuckold lives in bliss Who, certain of his fate, loves not his wronger ..." All of these quotes should lead the careful investigator to weigh carefully cases in which jealousy may rear its ugly head.

Love leads to unreliable witness statements?

An example may be said to be found in Othello, Act 4, scene iii, l. 18-21. When her servant hears what Othello wishes of her mistress, she states that it would have been best if Desdemona had never known her husband. In reply, we read: "Desdemon. So would not I my love doth so approve him, That even his stubbornness, his cheques, his frowns-- Prithee, unpin me,--have grace and favour in them." Consider also the fact that Iago suggests at Act 2, scene i, l. 213-215: "... If thou be'st valiant, - as, they say, base men being in love have then a nobility in their natures more than is native to them ..."

Loyalty, assess to whom the witness may assign

Desdemona stated in Othello, Act 1, scene iii, l. 180-187:

My noble father,
I do perceive here a divided duty:
To you I am bound for life and education;
My life and education both do learn me
How to respect you; you are the lord of duty;
I am hitherto your daughter: but here's my husband,
And so much duty as my mother show'd
To you, preferring you before her father,
So much I challenge that I may profess
Due to the Moor my lord.

This speech reminds us of what stated in King Lear by Cordelia at Act 1, scene i, l. 95-103:

o Good my lord,
You have begot me, bred me, loved me: I
Return those duties back as are right fit,
Obey you, love you, and most honour you.
Why have my sisters husbands, if they say
They love you all? Haply, when I shall wed,
That lord whose hand must take my plight shall carry
Half my love with him, half my care and duty:
Sure, I shall never marry like my sisters,
To love my father all.

No matter how investigators approach the question of divided loyalties, it is too important a question to overlook, whether it involves family members or members of the same political party or workplace etc.

More than one means to achieve your objectives

"Boat sails freely, both with wind and stream" is the phrase selected by Shakespeare to make plain that there is more than one method of achieving your objectives. Iago states this at Act 2, scene iii.

Oaths may be taken with far too much ease

Othello opines in this vein: "Avaunt! be gone! thou hast set me on the rack: I swear 'tis better to be much abused Than but to know't a little." Refer to Act 3, scene iii, l. 340-342.

Positive elements in testimony: Witness thinks prior to responding

A useful citation is seen in Othello, Act 3, scene iii, l. 120-123: "Othello I think thou dost; And, for I know thou'rt full of love and honesty, And weigh'st thy words before thou givest them breath..." This is a quality and not a fault in that we expect persons of intellect and honesty to pause prior to responding.

Payment to a confidential informant

Consider the example drawn from Othello, Act 1, scene i, l. 12, wherein we read: "Iago ... I know my price ..." The investigator must be careful that the monetary advantage offered to such a witness is reasonable.

Rage, hinders one's judgment

The guidance put forth by the Bard on this subject is consigned at Act 1, scene iii, l. 234-235 of Othello: "Iago Though Cassio did some little wrong to him, As men in rage strike those that wish them best ..."

Revenge

The main character in Othello states "... Even so my bloody thoughts, with violent pace, Shall ne'er look back, ne'er ebb to humble love, Till that a capable and wide revenge Swallow them up. Now, by yond marble heaven..." Refer to Act 2, scene iii, l. 278-283

Reversing the proposition - What your wife did to her father, I do to you, my father

Desdemona stated in Othello, Act 1, scene iii, l. 180-187, that she was merely engaging in the same conduct that her mother did when she entered into her relationship with her future husband. For investigators, these types of comments cannot be ignored or given no weight as a number of witnesses will explain their conduct by reference to the conduct of those interviewing them.

A comment by Brabantio in Othello, Act 1, scene iii, l. 293-294, illustrates this concept: "Look to her, Moor, if thou hast eyes to see: She has deceived her father, and may thee..."

Self-awareness of the witnesses, assess this factor

Othello, Act 2, scene iii, l. 34-36, includes comments by Cassio, as he refuses an offer of wine, that he cannot tolerate the consumption of alcohol. Hence, "I have drunk but one cup to-night, and that was craftily qualified too, and, behold, what innovation it makes here: I am unfortunate in the infirmity, and dare not task my weakness with any more." If, then, the individual goes on to drink more, it makes sense to question the value of his observations thereafter; it also seems reasonable to question whether he ought to be absolved of any problematic behaviour when he well knew how susceptible he was to drink. At bottom, however, the prudent investigator will inquire of the witness the extent to which their consumption may have affected their judgment.

That said, be mindful that persons tend to dismiss the extent to which alcohol affects them. For example, Othello, Act 2, scene iii, l. 106-108: "Cassio ... Do not think, gentlemen. I am drunk: this is my ancient; this is my right hand, and this is my left: I am not drunk now; I can stand well enough, and speak well enough."

Self-represented individuals

Act 1, scene iii, l. 86-87 of Othello records how the Moor states "... And therefore little shall I grace my cause In speaking for myself..." Investigator must be fair to all would-be defendants in seeking a balanced account of their perspective on whatever is being investigated.

Self-serving testimony – be wary about

The accused's account of his or her defence is self-serving, by its very nature, as illustrated in Othello, Act 2, scene iii, l. 190-196. In fact, Montano attempts to explain how he was injured, and has the insight to acknowledge his interest in relating the facts:

Montano ... Your officer, Iago, can inform you,-- While I spare speech, which something now offends me,-- Of all that I do know: nor know I aught By me that's said or done amiss this night; Unless self-charity be sometimes a vice, And to defend ourselves it be a sin When violence assails us.

I hasten to add that the fact that the accused’s account is characterized as such does not result in awarding it less weight. It is a question of judgment. Firstly, the judgment of the investigator and later, if there is a trial, the judgment of the Court.

Statement by accused without benefit of disclosure

Othello, Act 1, scene iii, provides a sound illustration of the importance of a situation of this nature, for it certainly should stand to the credit of the defendant – witness that he or she related all in answer to a broad question, without having reviewed the particulars of the accusation. In effect, Othello explained how Desdemona came to love him, and she later spoke of the matter fully, and without having heard his account, and they were of the same nature. Recent cases touching upon a Court taking into account (in error) how a defendant may have been influenced by the disclosure s/he obtained prior to testifying include R. v. M.D., [2020] O.J. No. 2184, 2020 ONCA 290, and R. v. G.V., [2020] O.J. No. 2222, 2020 ONCA 306.

"Strain my speech"

Iago is quoted as saying "... But I do see you're moved: I am to pray you not to strain my speech To grosser issues nor to larger reach Than to suspicion." See Othello, Act 3, scene iii, l. 222-224. One of the multiple meanings is that the speaker is exaggerating which is a concern or that the listener wishes that there be such exaggeration, a worse result. Investigators must be careful to judge the merits of the objective statement provided by the witness.

Suspicion, versus reasonable judgment

Iago stated in Act 4, scene ii, l. 209-211: "I grant indeed it hath not appeared, and your suspicion is not without wit and judgment. But, Roderigo, if thou hast that in thee indeed, which I have greater reason to believe now than ever, I mean purpose, courage and valour, this night show it: if thou the next night following enjoy not Desdemona ..." Investigators are by nature persons who “turn over rocks”, and they ought to suspect everyone but only act after a reasonable opportunity to judge the situation.

Two views that are totally contradictory

An example of how easily two different persons may judge the same objective act in far different ways in seen in Othello, Act 2, scene i, l. 247-251: "

Iago ... Didst thou not see her paddle [Cassio] with the palm of his hand? Didst not mark that?

Roderigo Yes, that I did; but that was but courtesy.

Iago Lechery, by this hand; an index and obscure prologue to the history of lust and foul thoughts. They met so near with their lips that their breaths embrac'd together ..."

Your task as an investigator is made more difficult as you must assess all of the information.

"Unvarnished tale"

Othello, Act 1, scene iii, l. 90, reads: "Othello. I will a round unvarnish'd tale deliver..." Of course, the detective evaluating this account might naturally be wary of an opponent who professes to be without guile.

Vacillate in decision-making

Vengeance

Othello, Act 3, scene iii, l. 452 sets out: "Othello ... Arise, black vengeance, from the hollow hell..." These types of biases must be examined closely, to ensure the accuracy and reliability of the information available.

Words are quite important

"Words are words" is a phrase often heard and in this respect, note that Brabantio stated "... But words are words: I never did hear That the bruis'd heart was pierced through the ear ..." Refer to Othello, Act I, scene III, l. 217-218. Recall that Shakespeare had Hamlet state "Words, words, words" in Act 2, scene ii, l. 191 of that play. For the investigator, however, words are of signal importance and any error in terms of correctly recording one may bring about a most unfortunate situation.

Youth, gravity of

Othello, Act 1, scene iii, l. 182-188, reads: "Othello. Worthy Montano, you were wont be civil; The gravity and stillness of your youth The world hath noted, and your name is great In mouths of wisest censure: what's the matter, That you unlace your reputation thus And spend your rich opinion for the name Of a night-brawler? give me answer to it." Many suggest that young persons are far from grave, and yet this quote suggests otherwise.

Professionalism in investigations

"All talk, no action"

Iago states in Othello, Act 1, scene i, l. 26-27, that his rival Cassio is "... mere prattle, without practise, Is all his soldiership ..." This is the type of accusation that is made by those lacking professionalism.

Bias reduces the merits of testimony

In Othello, Act 2, scene iii, l. 236-239, the principal character recognizes that Iago may not have been as objective as possible in light of his affection for one of the participants to a fight and states: "I know, Iago, Thy honesty and love doth mince this matter, Making it light to Cassio..."

Bias towards a group as opposed to critical assessments of the individuals

Note the excuse advanced by Iago in Othello, Act 2, scene iii, l. 234. in attempting to explain a fight: "... But men are men; the best sometimes forget..." That the best of our society are capable of wrongdoing is quite correct and no one ought to exclude members of any group from being considered suspects.

Decisiveness, detectives must show this quality

As we read at Act 5, scene i, l. 3-4 of Othello, counsel must be decisive: "Iago Here, stand behind this bulk; straight will he come: Wear thy good rapier bare, and put it home: Quick, quick; fear nothing; I'll be at thy elbow: It makes us, or it mars us; think on that, And fix most firm thy resolution." In other words, no paralysis by analysis.

Delay

The last line in Othello, Act 2, scene iii, reads "Iago ... Dull not device by coldness and delay." The more one delays interviewing the witness, the more they will tend to forget or confuse important information.

Experience, one commands chiefly because of the wisdom drawn from

Note the illustration found in Othello, Act 1, scene ii, l. 278-280: "They draw on both sides Iago You, Roderigo! come, sir, I am for you. Othello. Keep up your bright swords, for the dew will rust them. Good signior, you shall more command with years Than with your weapons." Consider as well what Iago states of his rival Cassio “... As masterly as he: mere prattle, without practice..." Refer to Act 1, scene i, l. 26-27.

Fate, who can control one's

Othello, Act 5, scene ii, l. 267 reads: "Othello ... Who can control his [or her] fate? ..." Whatever the investigator may think of that proposition, you do control your reputation as a professional investigator. It depends entirely on your resolve to follow the rules.

Focus on goals of investigation and avoid distractions

Desdemona states: "I prithee, do so. [Exit Iago] Something, sure, of state, Either from Venice, or some unhatch'd practise Made demonstrable here in Cyprus to him, Hath puddled his clear spirit: and in such cases Men's natures wrangle with inferior things, Though great ones are their object..." Refer to Othello, Act 3, scene iv, l. 141-145.

Frustrations of proving guilt beyond a reasonable doubt

Noteworthy in this context is the following: "Othello. Make me to see't; or, at the least, so prove it, That the probation bear no hinge nor loop To hang a doubt on; or woe upon thy life!" See Act 3, scene iii, l. 368-370. Consider as well the difficult to accept as fact scenario referred to in Othello, Act 4, scene 1, l. 5-9: "Othello. Naked in bed, Iago, and not mean harm! It is hypocrisy against the devil: They that mean virtuously, and yet do so, The devil their virtue tempts, and they tempt heaven." For the investigator, the best course is to discharge your duties to the best of your ability.

Gentle means are wise, when reasonable

Refer to Othello, Act 4, scene ii, l. 109-112: "Desdemona. I cannot tell. Those that do teach young babes Do it with gentle means and easy tasks …”

Jumping to conclusions

Consider the example found in Othello, Act 3, scene iii, l. 434: "Othello. But this denoted a foregone conclusion: 'Tis a shrewd doubt, though it be but a dream."

Minority or unpopular perspective

"... Judge me the world, if 'tis not gross in sense, That thou hast practised on her with foul charms, Abused her delicate youth with drugs or minerals ..." are the words we read at Act 1, scene ii, l. 72-73 of Othello. Investigators must always be careful not to interfere with the right of a non-conventional thinker to exercise any fundamental right, whether in terms of dress, speech, etc. In the context I am interested in, however, the words "Judge me the world" may be interpreted as saying "if the world judges the conduct as wrong in the sense that it is not seen in most places", then to follow this view would mean women would not be doctors, for instance, as they were not for many centuries. The world view is most often wrong, is it not?

Passion cannot rule, no matter how vile the crime

Othello states the following in Act 3, scene iii, l. 123-128:

I think thou dost; And, for I know thou'rt full of love and honesty, And weigh'st thy words before thou givest them breath, Therefore these stops of thine fright me the more: For such things in a false disloyal knave Are tricks of custom, but in a man that's just They are close delations, working from the heart That passion cannot rule. [Emphasis added]

A further illustration of how emotions may impair the decision-making process is found in Othello, Act 2, scene iii, l. 197-199. The main character states: "... My blood begins my safer guides to rule; And passion, having my best judgment collied, Assays to lead the way...” In the case of police investigations, the lesson to be drawn is that the investigators must remain objective. In stating these remarks, I am not unmindful of the sentiments that animate police officers when they are called upon to investigate horrific crimes, but in that context, I note the words consigned in Act 1, scene ii, l. 95-97: "Brabantio ... The Duke himself, Or any of my brothers of the state, Cannot but feel this wrong as twere their own..."

Rest might not be available but you must be alert and fully capable

The soldier's life described below is no different from what a police officer experiences in terms of lack of repose, in many instances of serious investigations, but the detective must be capable of discharging their duties fully. The relevant passage follows from Act 2, scene iii, l. 248-249: "Othello ... tis the soldier's life To have their balmy slumbers wak'd with strife."

"Serve my turn" – from the exhilarating to the mundane

"I follow him to serve my turn upon him ..." are the words the Bard puts in the mouth of Iago in Othello, Act 1, scene i, l. 43. Though this villain had a treasonous perspective in saying it, I take it as an expression of the duty that investigators willingly discharge to examine allegations that span the spectrum in terms of excitement and challenge.

Serve the State

Othello states in Act 5, scene ii, l. 340-342: "Soft you; a word or two before you go. I have done the state some service, and they know't …”

Sexism

Iago states "I mock you! no, by heaven. Would you would bear your fortune like a man!" in Othello, Act 4, scene i, l. 61-62. No investigator should ever reason in this unthinking fashion and assign gender-based distinctions. Each person interviewed is an entity to be treated with respect and proper consideration for their individuality. In the same vein, beware of bias towards good-looking witnesses. Iago purports to inform us that: "She never yet was foolish that was fair ..., an example of the type of unconscious bias that may be at play in the case of certain attractive witnesses. Refer to Othello, Act 2, scene i, l. 137. Further, note these passages from Othello, Act 4, scene iii, l. 96-101: "Emilia ... As husbands have. What is it that they do When they change us for others? Is it sport? I think it is: and doth affection breed it? I think it doth: is't frailty that thus errs? It is so too: and have not we affections, Desires for sport, and frailty, as men have? Then let them use us well: else let them know, The ills we do, their ills instruct us so." Following along on this line of thought, consider what Emilia stated in Othello, Act 3, scene iii, l. 104-106: "Tis not a year or two shows us a man: They are all but stomachs, and we all but food; To eat us hungerly, and when they are full, They belch us. Look you, Cassio and my husband!"

Subterfuge (or nonsense) to avoid having to work

Othello, Act 3, scene iii, l. 346-347 is of asistance: "Othello ... He that is robb'd, not wanting what is stol'n, Let him not know't, and he's not robb' at all.” No investigator would ever engage in such unprofessional actions.

Theory versus practice

Othello, Act 1, scene i, l. 23-24, consigns this condemnation of Cassio by Iago: "... unless the bookish theoric ..." Investigators ought not to fail to assign due merit to witnesses, such as experts, who may contribute greatly to your investigation.

Will power as the source of success in professional policing work

Detectives are well served to reflect upon the words of Iago, consigned in Othello, Act 1, scene iii, l. 322-328:

Iago. Virtue! a fig! 'tis in ourselves that we are thus or thus. Our bodies are our gardens, to the which our wills are gardeners: so that if we will plant nettles, or sow lettuce, set hyssop and weed up thyme, supply it with one gender of herbs, or distract it with many, either to have it sterile with idleness, or manured with industry, why, the power and corrigible authority of this lies in our wills. If the balance of our lives had not one scale of reason to poise another of sensuality, the blood and baseness of our natures would conduct us to most preposterous conclusions: but we have reason to cool our raging motions, our carnal stings, our unbitted lusts, whereof I take this that you call love to be a sect or scion.

Woodshedding the witness

Othello, Act 1, scene iii, l. 165, provides an example of this dangerous practice: "Othello ... I should but teach him how to tell my story." No professional investigator could possibly justify such actions.

Wrongful convictions - fear of

An investigator must always be mindful of the lessons we have learned over the years as to the dangers of wrongful convictions arising from tunnel vision, slip-shod investigations, the use of jailhouse informants, unreliable confessions, etc. In this vein, refer to Othello, Act 4, scene I, l. 44-46: "Iago Work on, My medicine, work! Thus credulous fools are caught; And many worthy and chaste dames even thus, All guiltless, meet reproach..." Refer as well to the play at Act 3, scene iv, l. 154-155: "Desdemona ... But now I find I had suborn'd the witness, And he's indicted falsely."

Conclusions

Addressing precise elements of the play at the outset, Othello is famous for its treatment of jealousy and to a lesser extent, within the small circle of lawyers who argue defamation law suits, for the following quote:

Iago. Good name in man and woman, dear my lord, Is the immediate jewel of their souls: Who steals my purse steals trash; 'tis something, nothing; 'Twas mine, 'tis his, and has been slave to thousands: But he that filches from me my good name Robs me of that which not enriches him And makes me poor indeed. [Act 3, scene iii, l. 160-164.]

Moving to more general observations, judges are vitally interested in delivering what I describe as an "evidence-based verdict" as exemplified in King Lear, Act 3, scene vi, l. 33-34: "I'll see their trial first. Bring in the evidence." Indeed, King Lear proclaimed a judge's ultimate ambition in Act 3, scene ii, l. 85 to be as follows: "... When every case in law is right..." Whether judges succeed in accomplishing the objective of producing "... Better judgments..", to track the language found in As You Like It, Act 2, sc. vii, l. 45, is best left to the appellate courts to decide. That being said, the quality of the investigation is the most important element in the formula that leads to justice, ahead of advocacy. I repeat, it is my view that to a certain degree, the chances of achieving full and fair justice depend upon the quality of the police investigation, as suggested in the words found in King Lear, Act 5, scene iii, l. 201-202, that I have modified slightly: "... This [investigative brief] of yours hath moved me, And shall perchance do good: but [carry] on; You look as you had something more to [inquire into…]"

[1] See “A List of One Hundred Legal Novels” (1922), 17 Ill. L. Rev. 26, at page 31.

[2] Refer as well to a similar article by Law Professor W.H. Hitchler who published these relevant remarks in "The Reading of Lawyers", (1928) 33 Dick. L. Rev. 1-13, at pages 12-13: "The Lawyers must know human nature. [They] must deal with types. [They] cannot find all them around... Life is not long enough. The range of [their] acquaintances is not broad enough. For this learning, they must go to fiction. ...” I could easily replace “lawyers” by “police officers” and the meaning remains correct.