Tuesday, April 10, 2007

Where Are the Checks on Perjury?

Just observed a motion to suppress the other day. I watched a police officer testify to a factual scenario that defied common sense and anyone's life experience. The only problem was that only the defendant could contradict the officer's testimony. What happened? Surprise...surprise...the Judge bought the cops story and denied the motion. This story is the same over and over and I am not surprised.

Where I begin to get offended, however, is when people are shocked that "some" Chicago Police Officers both on-duty and off-duty behave like the law does not apply to them. Well, it doesn't. Not when it comes to the criminal courts. I have heard too many prosecutors say, "What do you want me to do? I just put it on." And too few Judges are willing to call it shit when it smells like shit. When a cop writes up bogus paper, a prosecutor puts it on without question, and a Judge says its all fine...that police officer walks away from Court with a sense of security that he/she can do whatever he/she wants to and the system won't do a damn thing.

Now...take the alternative...call out b.s. when you see it be you Judge or prosecutor, and that same cop leaves court with an important lesson. Make your bust the right way if you care about convictions and your reputation. End of story. We are all best served when the law is applied properly. It breeds a respect for the law all the way around, from the defendant to the attorneys to everyone observing from arrest to trial.

I am not just being a naysayer either. There are some awesome cops out there. These are the type that a defendant tells his lawyer, "He got me this time, fair and square." This defendant knows he is cooked and isn't even upset with the system. His parents, his friends, his community know that he was caught on the square and the system is elevated to where it belongs: in a place of respect.

Monday, April 9, 2007

Getting Started

Just wanted to get this thing started. This blog is a space for lawyers, judges, court room personnel, and anyone else involved with the criminal justice system in Cook County, Illinois. Hopefully, this blog will provide a space for frank, honest, and candid discussions about topics impacting us all. This is not a place for idle gossip and character assassination. Remember what Eleanor Roosevelt said, "Great minds discuss ideas, average minds discuss events, and small minds discuss people." Bearing this principle in mind, I am not suggesting that a particular jurists ruling or a particular attorney's conduct is not worthy of public discussion under the right circumstances. For example, did a Judge reject an agreed disposition; did a witness get caught perjuring himself/herself; did a judge make a courageous (or cowardly) ruling on an important issue ... The list could go on ad infinitum. What I am saying is that this page is for everyone and by everyone. At the end of the day it may make for a place to rant a bit, to blow off some steam, to share an idea, to make a friend, and help us all to become better informed. Enjoy and, of course, be careful out there.