felony arrests where the probability of trial exists. We will focus specifically on homicide, kidnaping, robbery, forcible rape, other felony sex crimes, assault with a weapon, and narcotics. To demonstrate that adequate protection is afforded to suspects wishing to make a statement, we will employ three experimental methods: A layman observer; a sound recording, and a film or video tape.

The experiment will be conducted with the concurrence of the District Attorney of New York County and after consultation with the New York Bar Association for a period of about 6 months. The layman observer will function as an impartial witness to the statements of the police, the responses of the suspect, any voluntary statement he makes, and the time and method of interrogation. Such a layman could testify in court if any aspect of the interrogation were challenged. Where a recording device is used, it will operate for 24 hours each day whether or not an interrogation is in progress, and each day's tape will be removed and sealed under maximum security conditions. Where a video tape or newsreel camera is used, it will take sound pictures of the entire interrogation. The completed film of these interviews will also be sealed and stored under maximum security.

FIND BALANCE THROUGH CONTROLLED EXPERIMENTATION

The Supreme Court decision in the Miranda case only outlined the perimeters of permissible questioning by prescribing minimal standards for the police interrogation of suspects. It left to individual jurisdictions the continuing search for the optimal balance between law enforcement efficiencies and the protection of individual rights. We feel that this balance can be established through experimentation with actual police interrogation under controlled conditions and employing various procedures.

Mr. Chairman, law enforcement is being subjected to the most critical challenge in the history of American Government. But there is hope for harmony in our cities. Perhaps I am affected by the season of the year, but I look forward to 1967 with confidence that it will bring tangible improvement in terms of greater safety in our streets and in our homes.

FEDERAL-LOCAL COOPERATION URGED

Such improvement can best be stimulated and accelerated through greater joint effort and cooperation between the cities and the Federal Government, whose support we urgently require. The movement, growth, and activity of our urban centers have a national scope. Many of our police problems know no boundary lines. The narcotics traffic is an excellent illustration. Police allocation of manpower and equipment to operate an effective narcotics bureau in New York costs more than $3 million a year. Police training to meet the needs of our changing society involves an annual expenditure of $42 million. Our prepatrolman trainee program, an effective method of recruiting and retaining high-caliber aspirants to the police profession, will cost $4 million annually. These are only a few of the areas in which the Federal Government can join the local police department in bringing about a higher level of police efficiency.

Fiscal experts have indicated that the budget of the New York City Police Department will more than double by 1974 to an estimated $860 million. I sincerely doubt that our city-or any city-can bear this staggering burden alone.

ARE POLICE FORCES UNDERMANNED?

Senator RIBICOFF. Thank you very much, Commissioner. One of the problems, I suppose, every police force has today is that you are undermanned.

Mr. LEARY. Well, at the present time we are making a study of that in the New York Police Department. As a matter of fact, we have engaged the services of the International Association of Chiefs of Police to conduct the study.

In addition to that, we have also engaged the interest of the private sector in New York City, also to aid us in our manpower problem. Senator RIBICOFF. Do you consider you have enough police now to take care of all the needs of New York?

Mr. LEARY. That matter at the present time we are now studying. I wouldn't be able to make a decision at this moment.

Senator RIBICOFF. I like your city and I am there frequently. The other day I was in New York, and I was rather amazed to see a couple of large trucks with wooden horses used to block off steets, and to see maybe 15 or 20 uniformed policemen unloading a truck.

With the great need for policemen, especially during the Christmas season where traffic is so heavy and where you could have taken any common laborer to do the same job, is the policy of New York City to use police for menial tasks like that?

USE OF POLICE FOR NONPRIMARY POLICE TASKS

Mr. LEARY. No, it isn't the policy, but sometimes, and I don't know what gave rise to that particular instance, but sometimes the necessity to move with great dispatch, and of course if we have to use the people that we have present, and under the circumstances I couldn't give you any better answer than the one I have just given you in that respect. Senator RIBICOFF. But generally you don't think it is good policy to use police just for this?

Mr. LEARY. What we are attempting to do is to remove as many policemen as we possibly can from nonprimary police tasks, and substitute civilians where possible. This is not easy to do.

HANDLING OF CIVIL DISTURBANCES

Senator RIBICOFF. What is the best policy from your experience in Philadelphia and New York, to handle large-scale disturbances, riots, and violence?

Mr. LEARY. Well, I think the No. 1 thing for the police commissioner is to have confidence in his individual competency, and also to exercise as much restraint and discretion as he possibly can. Sometimes just the exercise of restraint and patience for a matter of 3 or 5 minutes under a given incident or situation does away with the need for any aggressiveness on the part of police.

RECRUITMENT OF MINORITY GROUP POLICEMEN

Senator RIBICOFF. What problems do you find in your experiences to recruit Negro and Puerto Rican policemen? Is this a problem with you? I mean what percentage of your police force are Negro and Puerto Ricans?

Mr. LEARY. We have approximately almost 30,000 policemen, of which about, the estimate is 1,800 are Negro policemen, and approximately 600 are Puerto Ricans. We have engaged in a very energetic recruitment program in the ghetto areas just recently, in the police department itself. We have sent men in there with applications and soliciting people to respond to the jobs.

An examination was just given in October, and I have been given to understand by the personnel department that they have the greatest reply by the Negroes and the Puerto Ricans than they ever had in the history of New York City applying for the police department.

The No. 1 thing is that the Negroes, the police commissioner must make it so that he wants them and he should do everything he possibly can to make their presence in a sense wanted, and that they have the opportunity. I think we have been able to do this in New York City.

POLICE DOGS UNADVISABLE IN GHETTO AREAS

Senator RIBICOFF. Do the New York City police use dogs?

Mr. LEARY. Of course the use of dogs in the ghetto areas under the circumstances that police have to entertain at the present time is not advisable, because the appearance of the dog alone causes a great deal of animosity, without anything else, so it hasn't been our policy. We don't use dogs in New York City.

Senator RIBICOFF. Do you use many foot patrolmen in the slum areas, or is everything by squad car?

COMMUNICATIONS AND MOBILITY ARE ESSENTIAL

Mr. LEARY. Well, we use both. Actually here when you talk in terms of need of police for patrol purposes, we are employing two things. One is mobility and one is communications, and without either one, your police operations are severely impaired.

So you try to have every policeman in a sense have communications, and we are attempting to do this in New York City by putting a walkie-talkie on every policeman that is on a foot beat. And of course every policeman is mobilized, whether it be by scooter, motorcycle, or automobile. We also like him to have communications.

In some areas you have to have both, and you have to have both to a great extent. In other areas if you just have them on mobile patrol. why that would suffice. But you can't balance one against the other. In many areas you need both.

Senator RIBICOFF. Judge Edwards, who used to be police commissioner for the city of Detroit, testified here. I don't know whether you know Judge Edwards.

Mr. LEARY. I know Judge Edwards; yes.

POLICE WORK AS A PROFESSION

Senator RIBICOFF. He said that one of the great problems was to realize that police work had become a profession and that the life and the knowledge of a policeman required more and more education, skill, and training, and that basically this country had to look forward to substantial increases in the police force all over the Nation.

He recommended that one of the ways to train and to build up a trained professional police force who would be available to cities all over the United States, is to have a national police academy modeled after West Point or Annapolis, and not just the type of training that the FBI Academy gives policemen, a short course to bring them up to date, but a real national police academy. Does that strike any response in you, training young men for police work as a profession?

PSYCHOLOGY AND SOCIOLOGY SHOULD BE TAUGHT

Mr. LEARY. Well, our problem is to train as many people as we possibly can in as short a period as we possibly can, and what we have to do in our police academies, in the various police departments, is introduce the civilian into the instruction program. We have to introduce the civilian instructor to teach psychology and sociology.

You have to introduce the civilian instructor who will teach an appreciation of law, not only just the statute that the officer has to enforce, but he has to teach to the policeman the philosophy of the law. He has to understand the mores and the conventions of different types of people that he has to police.

I pointed out in my speech that our police are fairly well trained in the techniques necessary to do their jobs, but they aren't sufficiently trained in understanding the complexities of their jobs, and until such time as we improve and broaden their training processes, we will have difficulty.

We also have to find ways and means to train the higher level of a police department as well, so that they can understand and appreciate the problems that society has and the problems in the sense that the police have generally. So any type of training would be very beneficial. But it has to be on a wide basis. It can't be well, of course it can be, but the wider the basis the better.

POLICE-COMMUNITY RELATIONSHIPS

Senator RIBICOFF. What methods do you suggest or what methods do you use in the ghettos of New York City to gain respect for the police, so people see that basically a policeman is their friend and not an enemy?

The surveys they have made have indicated that the population in the ghetto areas don't complain about police brutality. They want more police protection and not less. They would like to see more and not fewer policemen. How would you handle the relationship, the community relationship between the police and the people of the ghetto areas?

PRECINCT COUNCILS PROVIDE MEANS FOR DISCUSSION

Mr. LEARY. Well, as pointed out in my presentation here that I did read, that the New York City Police Department has precinct councils, of which there are 79 in the city of New York. The commanding officer of the precinct invites all persons-residents and building people of the community-to meet with him on the basis of once a month or more so if necessary, where they discuss their mutual problems. The community representation then can present to the commanding officer their criticisms and their need for police, and also he can in a sense give his side of the story.

This provides a real dialog, and we feel that this is a very important relationship with the public. Police departments have to find ways and means of inviting the public into the department, to assure the public that the things that they are doing are legal, and if they are doing anything that is illegal, then they should cease immediately. We also have to develop at the same time a program where the community appreciates the policeman and realizes his problems. Sometimes unfairly we look at the policeman and expect him to be some sort of an exceptional individual. The policeman is only an average man. He has a family and the problems that all men have in a sense with their families. He has limited training, as you understand, and he has a limited understanding of his community.

EDUCATE TO APPRECIATE PEACE AND TRANQUILITY

We also have to initiate a program, not the police, but the community generally, in appreciation not only of law and order but peace and tranquility. The police can't do this alone. It has to be, everyone in a sense has to be involved. We have to have an appreciation of law and order and respect for authority, and of course, if they don't have this respect for authority to the schoolteacher, the clergyman, the neighbor across the street, then how can you expect them to have it for the policeman. I don't know that they have any more respect for law and order generally, and for the courts.

The policeman typifies the government, and this is what they see. There are a great many problems in the ghetto areas which we, the police, can never correct. It is not our responsibility. You have heard some of them here during these sessions. But the fact that those things are present, there is deprivation, spill over into the police department, and we are the ones that from time to time must suffer by virtue of this.

VACANCIES ON CITY POLICE FORCE

Senator RIBICOFF. How many openings are there on the New York City Police Force today?

Mr. LEARY. I would say we have approximately 500 vacancies. Senator RIBICOFF. In the last exam that you gave, how many applicants did you have?

Mr. LEARY. I Would say that we have about 15,000.

Senator RIBICOFF. You had 15,000 applicants for 500 vacancies? Mr. LEARY. Well, of course, we have already appointed to the de