Police

"To a man with a hammer, the whole world looks like a nail." -Mark Twain

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When the police investigate crime they are supposed to be neutral parties just trying to solve the crime. And then the police just submit their investigations to the prosecutor who makes a charging decision. This is the noble goal of our criminal justice system. However, reality often falls very short of this goal. 

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Tunnel Vision

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The police are often convinced that they know who is guilty and who is innocent within seconds of arriving at a crime scene. Sometimes they are right. Sometimes they are wrong. But the phenomenon of tunnel vision ends up driving the investigation toward the suspect the police originally suspect, without investigation into other suspects that there may have been more evidence against. This means the prosecutor receives a report that is built around presuppositions. And may be missing some key details that would allow for a truly independent assessment.

 

Chain Reaction 

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The worldview of the storyteller always influences the story. And this creates police reports that are often not fair reflections of the incident or the defendant's perspective. The police's power to shape the case is incredible because their tunnel vision shapes a narrative that makes it the path of least resistance for the prosecutor to charge you with a crime based on their report. Then there is a complaint that is sent to a judge, and once again it becomes the path of least resistance for the judge to say that there is probable cause that you are guilty based on the complaint. 

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Testimony Becomes a Moving Target

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There are additional challenges as the case progresses to contested hearings or the trial where the police testify as witnesses, and sometimes there testimony changes conveniently to be even more favorable to the State's side. The moving target creates this uphill battle that makes it difficult to challenge the case against you. The noble goal of the police being a neutral investigator can look like a cruel joke if you are at trial and the police starting telling a completely different story on the witness stand.

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Conclusion

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I do not mean to paint too grim a picture. There are good police and there are bad police. But the challenges in many cases are real. Each case is different and requires a close analysis of the facts. Call Subzero Criminal Defense today. 651-248-5142.