One who is a member of a Lodge of Freemasons knows so well the original meaning of this common expression that he will see little occasion for its inclusion here.
But there are many who use it freely, however, who suppose it to have some connection with criminal law.
Thus, in the United States, a murder that is deliberate is called murder in the first degree; one that is unintentional is murder in the second degree. Wrongly, therefore, it is supposed that some form of crime is in the third degree.
Actually the term “third degree” has no connection with criminality or brutal treatment or mental torture. It refers to the third and final stage of proficiency demanded of one who seeks to become a Master Mason.
In each of the two preceding stages or degrees certain tests of proficiency are required, but before the candidate is fully qualified for the third degree he must undergo a very elaborate and severe test of ability, not even faintly injurious, physically or mentally.
It is from this examination that “third degree” became applied to the treatment of prisoners by the police, and it was through the fact that the police sometimes did employ brutality in efforts to extort confession or information that our present expression obtained its common modern meaning.