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Rule of Law
Or...
Rule of Law(yers)
Or...
Rule of Law(yers)
"The only civil delinquents whose judges
must of necessity be chosen from (amongst)
themselves." - Charles Caleb Colton
must of necessity be chosen from (amongst)
themselves." - Charles Caleb Colton
When you become a police officer, your main focus should be on "being
right" as often as possible. As long as you get yourself up to speed on
reasonable suspicion, probable cause, search and seizure, and you keep
reference material on laws and ordinances close at hand, you'll be in
pretty good shape.
As you begin taking cases into the court room, you're going to suffer
some enormous frustration. Some of it will be of your own making and
some won't. Just accept the frustration as a learning experience. As
your knowledge and experience grows, you'll remove the frustration of
your own making, and you'll learn how to anticipate and avoid the
frustration created by the lawyers. The latter source of frustration is a
permanent condition, and your only defense will always be your
knowledge and preparation.
The first thing that's going to strike you is how something that seems so
obvious can be discussed into something unrecognizable. When you see
this happen, look to yourself, because it's probably your fault. Police
officers are notorious for believing that simply stating the obvious in
their probable cause statements is all that's needed. Probable cause is a
standard that requires only sufficient evidence to arrest and charge a
person, it need not be sufficient to convict a person. While the lesser
standard may be all that's available sometimes, most of the time you'll
be able to go well beyond that standard.
You've got to think like a lawyer. If you read a probable cause
statement that is thorough and complete with facts, observations, and
references to other evidence that leaves little to no room for
manipulation, you'll be inclined to seek a deal. If you look at a probable
cause statement that simply meets the standard, you'll look forward to
getting that police officer under cross examination and tie him or her up
in knots. Once you're embarrassed, or even humiliated, you'll know
exactly what I'm talking about.
Look...if everything were simply matters of fact, and a reasonable
interpretation of fact, the term "rule of law" might actually apply pretty
evenly to everybody and everything. You'll soon learn that the rule of
law is more about winning than about justice. You'll also learn that
some members of the Bar have the same problems with integrity,
ethics, credibility, and criminality as people in any other profession.
Once you become familiar with juries, you'll wonder what all the fuss is
over legalizing gambling. You'll be in for a treat the first time you
watch a really good lawyer perform in front of a jury. Closing
arguments can change the momentum of a trial that seems, up to that
point, to be going in your favor. Some defense lawyers can be so
persuasive and convincing you'll begin to doubt yourself. That self
doubt won't last long, but just imagine if the oratory has that temporary
effect on you, think about where it's taking the jury. The prosecutor
has the opportunity to rebut the defense lawyer's closing argument. If
the prosecutor is as good as his or her opponent, the first performance
can be mitigated. If not...flip a coin.
Of course, Theodore Roosevelt was never a lawyer. Yes, he did enter
Columbia Law School, but he dropped out after the first year. Had he
become a lawyer, he might have had to adjust his thinking. Once you
see people in court rooms being given special consideration simply
because of who they are, you should evaluate your own power of
discretion. As a police officer, you'll exercise discretion many times, but
the beneficiaries of your discretion should never receive your mercy
because of "who" they are.
right" as often as possible. As long as you get yourself up to speed on
reasonable suspicion, probable cause, search and seizure, and you keep
reference material on laws and ordinances close at hand, you'll be in
pretty good shape.
As you begin taking cases into the court room, you're going to suffer
some enormous frustration. Some of it will be of your own making and
some won't. Just accept the frustration as a learning experience. As
your knowledge and experience grows, you'll remove the frustration of
your own making, and you'll learn how to anticipate and avoid the
frustration created by the lawyers. The latter source of frustration is a
permanent condition, and your only defense will always be your
knowledge and preparation.
The first thing that's going to strike you is how something that seems so
obvious can be discussed into something unrecognizable. When you see
this happen, look to yourself, because it's probably your fault. Police
officers are notorious for believing that simply stating the obvious in
their probable cause statements is all that's needed. Probable cause is a
standard that requires only sufficient evidence to arrest and charge a
person, it need not be sufficient to convict a person. While the lesser
standard may be all that's available sometimes, most of the time you'll
be able to go well beyond that standard.
You've got to think like a lawyer. If you read a probable cause
statement that is thorough and complete with facts, observations, and
references to other evidence that leaves little to no room for
manipulation, you'll be inclined to seek a deal. If you look at a probable
cause statement that simply meets the standard, you'll look forward to
getting that police officer under cross examination and tie him or her up
in knots. Once you're embarrassed, or even humiliated, you'll know
exactly what I'm talking about.
Look...if everything were simply matters of fact, and a reasonable
interpretation of fact, the term "rule of law" might actually apply pretty
evenly to everybody and everything. You'll soon learn that the rule of
law is more about winning than about justice. You'll also learn that
some members of the Bar have the same problems with integrity,
ethics, credibility, and criminality as people in any other profession.
Once you become familiar with juries, you'll wonder what all the fuss is
over legalizing gambling. You'll be in for a treat the first time you
watch a really good lawyer perform in front of a jury. Closing
arguments can change the momentum of a trial that seems, up to that
point, to be going in your favor. Some defense lawyers can be so
persuasive and convincing you'll begin to doubt yourself. That self
doubt won't last long, but just imagine if the oratory has that temporary
effect on you, think about where it's taking the jury. The prosecutor
has the opportunity to rebut the defense lawyer's closing argument. If
the prosecutor is as good as his or her opponent, the first performance
can be mitigated. If not...flip a coin.
Of course, Theodore Roosevelt was never a lawyer. Yes, he did enter
Columbia Law School, but he dropped out after the first year. Had he
become a lawyer, he might have had to adjust his thinking. Once you
see people in court rooms being given special consideration simply
because of who they are, you should evaluate your own power of
discretion. As a police officer, you'll exercise discretion many times, but
the beneficiaries of your discretion should never receive your mercy
because of "who" they are.
“Opinion is the medium between
knowledge and ignorance.” - Plato
knowledge and ignorance.” - Plato
Leave opinions to the lawyers. As a police
officer, your duty to enforce laws should be
based on literal interpretation of laws.
officer, your duty to enforce laws should be
based on literal interpretation of laws.
| "People whose profession it is to disguise matters." |
- Thomas More
“A jury consists of twelve persons chosen to decide who
has the better lawyer.” - Robert Frost
has the better lawyer.” - Robert Frost
"Those whose interests and abilities lie in perverting,
confounding and eluding the law." - Jonathan Swift
confounding and eluding the law." - Jonathan Swift
“No man is above the law and no man is below it; nor do
we ask any man's permission when we ask him to obey
it.” - Theodore Roosevelt
we ask any man's permission when we ask him to obey
it.” - Theodore Roosevelt
“The most interesting information
comes from children, for they tell all
they know and then stop.” - Mark Twain
comes from children, for they tell all
they know and then stop.” - Mark Twain
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