Is It Too Much Trouble To Demand Our Law
Enforcement Agencies Obey The Law?
Many citizens have had their rights violated by
government officials and could do nothing about it. Many have suffered financially, lost their
jobs, their reputations, and their freedoms.
All of them suffer from the continuing stresses of being unable to correct
something they know is wrong. But did
you know that there are higher level commanders who delight at what they have illegally done to others and
even give each other a “high five” while laughing about it. It happens every day!
Law enforcement officers should report
violations of the following to their departmental supervisors or if they fear
retaliation write anonymously to: Rastrelli Investigation 3110 SE Slater St.,
Stuart, FL 34997. There is no need to put return address or name on your
information. Complete confidentiality.
Due process is a term that basically describes
the systematic search for the truth in a court of law. In the attempt to
protect the rights of an accused person to a fair and impartial trial, there
are rules put in place. Once a person is accused of a crime an investigation
commences; it includes taking statements from witnesses and victims. In order
to do prevent contamination of the statements, they should be taken separately
from one another, by keeping the parties apart. This way the statements are
independent and not biased by another person. Secondly, there is the collection of any and
all physical evidence found at the scene of the crime that not only points to
guilt but may also point towards the innocence of the potentially accused
person.
Statements from each person should be taken
orally as well as written as people
express themselves differently in speech from in written word. Most people
ramble on when they talk and some of what they say is extraneous words that may
or may not be important. Written statements tend to be less wordy and more
concise, based on the person's education and writing skills.
Eyewitness accounts tend to be jaded and
sometimes biased, based on the person's prejudices or beliefs. That is why
eyewitness accounts MUST be verified. In other words could the person actually
see what they said they saw? Investigator MUST return to the scene and
stand or sit where the eyewitness was when the observation was made. Not doing
so leads to mistaken identity, or acts, which in turn can lead to unlawful
arrests and convictions.
Collecting evidence isn't as simple as just
picking something up and placing it into a bag or box. It first must be
documented by camera then collected in such a way as to not contaminate the
evidence. Some items can go in plastic bags or containers, while any biological
evidence must be sealed in paper or cardboard to prevent contamination.
Improper collection results in bad test results which negate the value of
any physical evidence.
The next step in the process of the
investigation is being certain that the witness or victim is not lying. This is
the hardest part of all, since people lie all of the time in criminal
cases. Sometimes it is done out of spite or revenge for some real or imagined
slight. The background of the witness and victim should be
scrutinized in detail, before trusting everything that comes from their
mouth. It doesn't matter if you’re a prosecution or defense
investigator, you must know the background of the victim and
or witness.
Any evidence that proves to be exculpatory, that
is tending to verify the innocence of the accused, must be disclosed. Many times police or prosecutors in a hurry
for a conviction, overlook the very evidence that may prove innocence
rather than guilt. Thus we have a situation where a person is wrongfully
arrested and convicted. If you don't
think it happens, you better think again. By investigators omitting evidence or
statements they can actually stack the deck against the accused, and set them
up for a conviction.
As we move forward into the courtroom the
judge is in charge of the protection of the evidence and testimony presented in
the courtroom. The judge is to be
completely neutral to the case, and to provide the most sterile
environment for the trial to unfold in.
Then we have the jury, all of them
laymen, with no experience in courtroom etiquette or law for the most
part. They are to weigh the evidence presented to them and then
decide the fate of the accused as to guilt or innocence.
Enter the backroom antics of local politics,
luncheons, golf tournaments, dinners, parties, boating and other social
gatherings and you now have what is referred to as the good old boy network. It doesn't matter what part of the United
States you’re living in, it exists. If
you are not part of it, or ostracized from it, you can easily find yourself
convicted in court by a the unscrupulous conduct on the part of the judge and
prosecutor.
There are times in court where special
witnesses, called experts are barred from testifying since their statements may
induce doubt in the mind of the jurors. Why is this allowed? Any witness by virtue of their proven experience related
to seeking the truth can help free an innocent person and should always be welcome
in a courtroom. The other witness judge’s bar from the courtroom are ones that
have newly discovered evidence. Again
why? If the person has evidence that
proves innocence then they also should be welcome in court.
Then there are the favorites, judges, lawyers,
cops and others that have a league of their own that maintain a certain status
quo, that protects their dynasty. If you
are not part of this elite group you run the risk of being railroaded into a
prison cell.
Archaic, outrageous, barbaric, biased,
prejudice, you name it, it's wrong but it happens every day in a courtroom here
in the good old USA. How do we stop it? Who holds these people accountable to maintain
the integrity of the criminal justice system? We do, the American taxpaying public. If we don't, we all become victims of the very
machine that is supposed to protect us.
Make no mistake about it, whether it's divorce
court or criminal court, there are billions of dollars poured into the pockets
of lawyers all over the USA. The judges can keep the door swinging, by allowing
their favorite attorneys to win or by granting multiple continuances to wear
down the accused mentally, physically and financially. {Favorite attorneys;
biggest donations, lavish parties, outings, trips, vacations you name it}
If anyone has information about violations of
issues explained in this article that relate to a case or personal issue
please don’t hesitate to contact us.
Authored by Ira B. Robins Salvatore
E. Rastrelli
