In the wake of the Ferguson insanity, I thought it might be a good time to write about an issue upon which I, as a criminal defense attorney, have gotten an education repeatedly over the past decade. That is… the absolute and total deference so often afforded to police officers by the public, prosecutors, Judges, jurors… heck almost everyone.
So often do I hear Judge’s (among others) say that the police “have such a hard job” that they don’t want to make it any harder for them. So often… scratch that… every time it comes down to my client’s word against that of a police officer, my client loses. Even on subtle points where the cops have arguably greater incentive to bend the truth than my client would. So often do I see police officers enter courtrooms and sit down in front of juries, wearing nicely pressed uniforms, shiny badges, and polished firearms– knowing that the jury is probably eating up every, single, word, they are saying as gospel truth.
It infuriates me. You know something? Almost everyone has a hard job! Whenever I hear a judge or someone say that “cops have such a hard job”, what I’m really hearing is that they are to be excused for screwing up (or violating someone’s civil rights) because they can’t be expected to manage that much. It’s bullshit. You don’t think cops will lie (or at least subtly bend the truth to conform to the version of facts that they want to portray)? Think again. These are professionals who take immense pride in what they do, almost to an egomaniacal extent in many cases. These are people who are routinely accustomed to projecting authority. To managing people through the image of power and control. To this mentality, the idea of admitting that they were wrong, or made an error, is abhorrent. And when it comes to having any sort of problems with conscience at the idea of presenting a skewed or misleading version of facts under oath in the courtroom, I believe this is easily quelled by the simple self-reassurance that they know the defendant is guilty, they (the police) are the good guys, and therefore the ends justify the means.
Why does everyone automatically assume that these individuals are benevolent, altruistic, and virtually infallible? Probably, because police are perceived to be community protectors and, should one need help, someone wearing a uniform with a badge and gun most likely would show up at your door to render assistance. But I think the level of reverence afforded to police officers is misguided. To become a cop one doesn’t need much of an education. In many cases just a two-year technical school degree. In others, not even that. Many city-wide police agencies run their own training academies, where cadets can become officers, patrolling the streets with a gun, inside of a year. And yet we seem to feel totally at ease with people who barely have anything beyond a high school diploma making life or death decisions. Conducting searches. Deciding whether to pull the trigger on an unarmed suspect or not.
Don’t get me wrong. There many, many, good people doing police work. People who chose the profession for the precise purpose of helping others (as I like to think of as the reason I became an attorney). I’m proud to count a few members of law enforcement among my good friends. But I think there is also another vast number of people who got into law enforcement for the wrong reasons. People who enjoy being in a position of power over others. Perhaps people who were perhaps picked on in high school and are now paying it back to everyone else in the world. People who take pleasure in “sticking it” to others. If you think about it, law enforcement is just as attractive a profession for bullies and gun-nuts as the priesthood used to be for pedophiles.
So my advice for the day is this: The next time you are sitting in a jury box, or the next time you are pulled over by a cop… be respectful. Be polite and courteous. But look beyond that appearance of officialdom. See them as a person who though invested with power; may not have much education and is subject to just as many biases, prejudices, and ulterior motives as any other human being. And hope that you have one of the “good” cops– while being vigilant you might have one of the others.
FLO blog 