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fandomhigh2010-03-26 12:25 pm
glasses-justice.livejournal.com) wrote in fandomhigh2010-03-26 12:25 pm
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L&O: Interdimensional Edition: Friday, March 26
When Alex entered the classroom, she had a German shepherd with her. No worries, he was housebroken. In fact, he was possibly better behaved as a dog than he ever had been as a human, but saying that out loud would probably earn you a head-slap.
"Afternoon," Alex said. "I've got a different perspective on law enforcement than most of my fellow teachers, because I sit in a different place in the process. I was a prosecutor with the District Attorney's office. I take all the evidence that cops gathered, and I make sure the defendant goes to jail for a very long time. But I can't do that if you've cut corners along the way.
"You, as a future police officer, need to be crystal-clear on your rights and powers, and not overstep them. I'm often seen as the enemy, by my team. I'm the one who has to tell them that that search was invalid, and that now the evidence can't be used. I'm not the enemy. You have to follow the rules. Not because I say so, and not even because it's the right thing to do, ethically. But because, if you don't, then we're not just back to square one. We're into the negative. We can never use the evidence you obtained, illegally."
She lifted her shoulders. "Conversely, if you're ever in an unpleasant situation yourself? A lawyer should be your first call. Even if you're just a witness to the events. Even if the cops insist you're only wanted for background information, and someone else is their prime suspect. Some people want to appear helpful, and are worried that seeming uncooperative is going to make the police think they're guilty. What the police think of you is a lot less worrisome than what evidence they might have. And if you walk into that police station, and answer their questions, you could incriminate yourself without even knowing you've done so. If you had had a lawyer present, he or she could have advised you on any potential legal pitfalls. In the US system, you always have the right to stop proceedings and ask for a lawyer. If the cops tell you that you don't have that right, and continue to ask you questions? Then anything you say is inadmissible in court. It's that ironclad."
She then cued up a (relatively) short program on the TV. "This is a talk given by a law professor, on why he is proud to not speak to the police. You may not agree with everything he says, but he makes some very compelling points. Once he's finished, we'll get to today's activity."
"Afternoon," Alex said. "I've got a different perspective on law enforcement than most of my fellow teachers, because I sit in a different place in the process. I was a prosecutor with the District Attorney's office. I take all the evidence that cops gathered, and I make sure the defendant goes to jail for a very long time. But I can't do that if you've cut corners along the way.
"You, as a future police officer, need to be crystal-clear on your rights and powers, and not overstep them. I'm often seen as the enemy, by my team. I'm the one who has to tell them that that search was invalid, and that now the evidence can't be used. I'm not the enemy. You have to follow the rules. Not because I say so, and not even because it's the right thing to do, ethically. But because, if you don't, then we're not just back to square one. We're into the negative. We can never use the evidence you obtained, illegally."
She lifted her shoulders. "Conversely, if you're ever in an unpleasant situation yourself? A lawyer should be your first call. Even if you're just a witness to the events. Even if the cops insist you're only wanted for background information, and someone else is their prime suspect. Some people want to appear helpful, and are worried that seeming uncooperative is going to make the police think they're guilty. What the police think of you is a lot less worrisome than what evidence they might have. And if you walk into that police station, and answer their questions, you could incriminate yourself without even knowing you've done so. If you had had a lawyer present, he or she could have advised you on any potential legal pitfalls. In the US system, you always have the right to stop proceedings and ask for a lawyer. If the cops tell you that you don't have that right, and continue to ask you questions? Then anything you say is inadmissible in court. It's that ironclad."
She then cued up a (relatively) short program on the TV. "This is a talk given by a law professor, on why he is proud to not speak to the police. You may not agree with everything he says, but he makes some very compelling points. Once he's finished, we'll get to today's activity."
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