How do they sleep at night?

[Leonidas]

Everybody has to make a living somehow. It's not worth getting mad over, it will just cause you grief. That said, there are lots of scumbag attorneys out there.

[Group9]

It's hard to explain unless you have been to law school. One of the things they pound into your head is that there is no right or wrong, merely two opposing viewpoints and positions.

It was interesting to see the students that this resonated with. Out of my class, we have had several people indicted (including one classmate who went on to become a state supreme court judge before being charged with accepting bribes), and not one single one of them was a surprise when I heard about it.

[MOCOP]

People generally like attorneys more than used car salesmen..................
But not much more.

They are a necessary evil just play the game . Sometimes "stupid lawyer tricks" can even be amusing.

[bpd35]

THERE IS NO RIGHT AND WRONG ?????!???? :eek: WTF is that . Omg welcome to Liberalism 101.

You know there may be some lawyers that are " cough , cough " Ok but for the most part they are crooked . They are not supposed to lie. Ok how about this one. When you see the evidence and hear the testimony how can you sit back and continue with the defense that is brought forth.

Case in point.

2 time Cocaine offense. I just found out that a defense attorney can attempt up to 3 chances at suppression. OMG this makes me sick. See right there we are argueing over why i checked his pocket . Not the FACT that he had cocaine on him.

** Just a little note. This guy is a 10 time Felon and is sitting in prison right now for meth manufacturing. His criminal history shows his pattern. SO why on earth would you want this pos on the street. A Plea bargain i can see but common already ...When this guy pedals some crank or coke to your kids ( Not your literally ) you still going to defend him ??? Nope probably not because then it will be a conflict of interest.

All of it at times just makes me sick.

[JD45]

Have you guys ever wondered how defense attorneys sleep at night? I went to court for an assault with a deadly weapon. Defendant kicked a relative in head rendering him unconcious for sometime. I had to go to court because the victim is working in another state but still wants to press charges. K

So I am called to court to testify Prop 15 (testify to the witness statements, because they were not found). The defense wanted it dropped because he didn't feel I was qualified to testify. OMG!!! I have taken the class and am certified. UGH!!! The DA asked me about something my partner did, so I answered, again the Defense wanted it dropped because Prop 15 doesn't include statements made by other law enforcement officers yada yada yada. LOL How do they sleep at night? (A wolf in a cheap suit) lol

As long as you posses a valid POST cert or have 5 years on you're qualified to testify under prop 15.

I don't understand the def. arguemnt though. You CAN Prop 15 other officers. I've done so. It's not the best thing for the prosecuter as they would like to put on as many witnesses as possible. But it can be done as long as the other officer gave you statement.

[Deputy757]

It's all about ensuring that everyone has the same protections granted by the Constitution and the US legal system. If you were the one on trial, wouldn't you want the laws correctly and properly applied?

We don't have to like the individual outcomes sometimes, but it makes the system as a whole that much more credible. Our Rule of Law and Civil Proceedure are what separates us from banana republics and communist kangaroo courts.

I agree that we have a really good system but I think it's flawed in some ways. For instance, the Exclusionary Rule. Ok, I know that there has to be some way of discouraging LE officers from seizing evidence in violation of the 4th amendment or confessions in violation of the 5th or 6th. But let's say that a seizure of evidence leads to a confession that leaves no question as to the guilt of the person in custody.
For example, when two officers go to interview a hit and run (fatality) suspect at his home, they ask if they can come inside and talk to him. He says that he'd rather they didn't but that they would probably just get a search warrant so go ahead and enter.
While inside, one of the officers sees a bloody towel lying on the floor. Knowing that the driver that fled tried to render first aid to the victim before fleeing the scene, he seizes the towel. The subject then decides that with that evidence, they will surely convict him so he gives a statement to the police.
The towel is later ruled to have been improperly seized because the officers shouldn't have entered the home after he said that he'd rather they didn't, and therefore the confession is thrown out as well. With little or no other evidence against the subject, the charge is dismissed.
I think that's a serious miscarriage of justice. Don't get me wrong, if an officer knowingly violates a persons civil rights in order to gain evidence against that person, there should be repercussions. Perhaps immediate termination with no possibility of (legally) serving in LE ever again. That would give pause to ever crossing that line the first time. But if while acting in good faith, an officer seizes evidence and that seizure, months down the line is declared to have been improperly seized (and new case law is born), the perp shouldn't be given an automatic free ride.
I also have a small problem with double jeopardy. I think it's generally a great legal theory and should be adhered to. But let's say that a defendant is found not guilty and immediately states..."You fu**ing idiots..of course I murdered the bit**!! I think the state should then have another bite at the apple using all the evidence they had before as well as his unsolicited statement. The only out right now is if the defendant testified as to his innocence. He could then be prosecuted for perjury but that's not much relief to the victims family when he's out in about a year and a half with good behavior.
I've investigated some pretty horrific human rights abuses while working in Bosnia and have traveled quite extensively. I'm the first to say that our system is by far the best and would put it up against any other in the world. But I do think that there are some areas where we err too much on the side of caution.

[Babysmamadrama]

Yeah, I hate them too, but I look at this way. Sharp attorneys demand that police be sharp as well or you are going to lose your case.