What Would A Criminal Defense Lawyer Say To A Judge If Immunized From Fallout?
I am blessed to know some of the best and most courageous criminal defense attorneys. They include Ernie Lewis, who is a past chief public defender lawyer in Kentucky who was one of my teachers at the 1994 Trial Practice Institute of the National Criminal Defense College. Ernie is a powerhouse of passion for criminal defendants whose low-key delivery makes his messages all the more powerful. Ernie posted this great list of the?top ten?things he would tell judges if a guest at one of their judicial conferences.
Fairfax Criminal Lawyer Addresses Three Of The Most Important Parts Of Judges’ Oaths
My top three favorites from Ernie’s list about judicial action follow:
– “You do too see race?when you make decisions.” Judges come from the general population, and the general population has too many people who treat people differently depending on their race, gender, religion, national origin and ethnicity. The goal must be to reach a day when we all people are color blind. How many people have come close to that goal? A judge’s oath bars him or her from considering the criminal defendant’s race in reaching a decision, other than when considering the defendant’s race when the defense makes a?Batson?challenge about whether the prosecutor has made race-based strikes to the jury pool.
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– “You don’t really believe the police in your findings on?motions to suppress.” Too many judges too often seem to presume the credibility, reliability and recall of police in an evidence suppression motion proceeding. However, putting a uniform and badge on a police officer provides no assurances that their testimony is any more reliable than with a lay witness. Moreover, police memories and perception can get affected by getting bombarded with data in a particular criminal defendant’s case. By the time of a court hearing or trial, the law enforcement officer has had that information bombardment compounded by many subsequent arrests, to the point that the officer often has little independent recall about the case other than in his or her police reports and notes, and in any incident video (which often starts after the events that lead to the initial contact, and often stops by the time of arriving at the jail or police station).
– “Don’t tell me you’re not thinking about your next election...