Posters' examples of the justice system

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Craig234

Lifer
May 1, 2006
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A poster recently made the comment that 'our justice system is screwed up.'

Rather than debatng the topic, I thought it'd be interesting to have a thread for posters to tell stories of their own personal experiences with the criminal justice system.

What trials have you had direct contact with personally? That should provide some randomness to the examples. (Jokes about the posted being a defendant not welcome).

I'll start with three stories, the first two as a juror, the third as an observer (yes, I spent free time to go watch a random trial).

Trial one: black male bus driver charged with assault and battery against white male passenger. Someone left an umbrella on the bus the passenger found and he asked the driver what to do with it. Their testimony was completely contradictory, in one version the bus driver responding to the question with screaming, name-calling and threats, and in the other the passenger doing the same. In one version, the passenger threw the umbrella at the driver and it went under the pedals creating danger, in the other the passenger gently put the umbrella safely next to the driver. There was one witness - a little old lady named Mrs. Gilligan who 'heard yelling and covered her eyes not wanting to see the conflict'. No help with who did what.

The incident occured when the passenger says he was going to get off the bus before his stop out of fear of the driver, but as he exited decided that was ridiculous and turned around to sit down again, and the bus driver came after him and attacked. In the bus driver's version, he just saw this hostile passenger starting to exit and then turn around and come back up the steps directly at him, and in reasonably fear, he hit the passenger first as he came up the steps (the law excuses that).

There was evidence that the beating by the driver was extensive.

Result: the jury felt the driver was 'probably guilty' and about half first voted guilty, but ended up deciding it did not meet the 'reasonable doubt' standard.

The jury rode the elevator down with the freed defendant who was crying with joy and told him we believed he was probably guilty and he might not be so lucky next time.

Trial 2: Man charged with drunk driving. The trial issue was whether the arresting officer was correct in saying that the driver and passenger had switched places while he was pulling them over, while at a red light, or whether the defendat was right in saying they'd simply leaned down to pick up papers that had fallen when they stopped at the light - he arrested the passenger on that basis. Again, the testimony was in complete opposition - such as the defense saying the two had on on similar painters clothing spattered in paint, and the officer saying they had on distinct street clothing. The jury finally considered the location where the officer was and his view, and one juror owned the same truck and it had a small bakc window so the officer couldn't have conclusively seen that they traded places. Not guilty, though 'quite possibly guilty, just lucky to have reasonable doubt'.

Third case: a white man in his 50's who happened to be a lawyer charged with violence against his wife, a young woman from South America who got citizenship by coming here.

The evidence was interesting in the part of the trial that I saw, that the doctor who had seen the woman had not kept the basic documentation required by law, and was admitting in court to something he could be charged for; the defendant felt he had done so trying to help the woman's case, and it further came out the doctor had later hired the woman to clean his apartment.

On the incident, the evidence was mainly a photo of the woman showing her with a cut lip, and her testimony he had slapper her.

However, I spoke with the defendant and some interesting things came out - he said he had medical evidence that his arm was very injured at the time of the incident and could not come anywhere near the motion she alleged; her injuries seemed to me inconsistent with the slap she described. His story was that when she called the police and he was arrested, for five months after that he was barred from entering the home he owned while she lived there with her boyfirend who immediately moved in.

I asked him how she got the cut lip and he said she bit it - which the injury looked consistent with.

I was initially suspicious of him but came to view him as quite possibly innocent.

I asked later what happened and was told it was a hung jury. I don't know if he'll be retried.

Anyway, those are a few examples of 'real trials'.
 

tk149

Diamond Member
Apr 3, 2002
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I've observed a few trials, but this one I really remember: a Date Rape trial.

Both agree:
New acquaintances. They met at a party a few weeks ago, and hung out once or twice since then. He invited her over to his place to watch TV. They hung out watching TV together.

Him:
Engaged in some petting ->...consensual intercourse.

Her:
Consensual Petting -> Rape

Him:
She told me that if I didn't <do something, I don't remember exactly what>, she'd go to the police and claim rape.

Her:
Never said that.

Her friend:
She called, I met her a few blocks away from his apartment, she was crying, we called police.

Police:
Responded to rape call, found alleged victim and her friend laughing and joking. Alleged victim's behavior inconsistent with rape victim. Didn't notice any tears or red eyes.

Medical:
Inconclusive - maybe rape maybe not.

Prosecutor:
Defendant is from Mexico. Fled to Texas before trial.

Defense:
Defendant voluntarily returned to face trial.

Jury:
After short deliberation -> Not guilty.

Alleged Victim:
Cries

Defense Attorney (female):
Cries

I think the cop's testimony was probably the decisive factor in the verdict. The alleged victim did not show much emotion during the trial.

I'll never know for sure if justice was done that day. Defendant was hispanic, girl was white, if anyone cares.

=========================================

Sentencing hearing:

A jury already had found this guy guilty of armed robbery. A separate hearing was held to sentence him.

Guy robbed a Burger King where he used to work. <insert brilliant! comment here> Guy has a long criminal record. He was in his mid-20's if I recall.

Testimony of employees: He had a gun, I'm scared, I'll be affected for the rest of my life, never trust anybody again, etc.

Testimony of family: He's real sorry, it'll fvck up my life and the lives of his 3 kids if he gets sent to prison, etc.

Prosecutor:
<I'll paraphrase a bit, but essentially he said> "While I was working on this case, I tried to think of a word to describe this man, but couldn't really come up with anything that really fit - until I realized, he has the word tattoed on himself. "Menace." He's a menace to society, and he's proud of that fact."

Judge: You should have thought about your family before you committed the crime. 20+ years prison. (I think it was close to the maximum sentence)

Mom:
Cries. <I'll never forget the look on her face.>

I think justice was done that day. Defendant was black, judge and employees were white, but I don't think race played any part in this.

=================

I'm just mentioning race here because it's such a hot button topic on AT.

It's very easy for us armchair posters to say Judge X made a stupid decision, or the jury in Y case was stupid, but we're not in the courtroom. It takes some fortitude to look a man in the eye and take away years of his life. It's difficult to tell if someone is lying.

I would strongly encourage everyone to go see a criminal trial. It's quite interesting, and a helluva lot better than those TV trial shows. Check with the courthouse before your visit to make sure you get to see a good trial.

I would even more strongly encourage anyone who is contemplating a crime to go see a criminal trial. You do NOT want to end up at the defendant's table. Ever.

Actually, after reading/writing here, I feel like paying another visit to the courthouse.
 

OCGuy

Lifer
Jul 12, 2000
27,224
37
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The things that disturb me most are what I saw happen to people inside jail that had yet to be convicted of anything. From guard on prisoner violence, to prisoner on prisoner violence. It is something society likes to bury, because most people think that it "could never happen to them."

We are all one mistake or poor decision or stroke of bad luck away from experiencing the criminal justice system first hand.
 

Zensal

Senior member
Jan 18, 2005
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This wasn't a trial by any means, but I recently had the opportunity to tour a jail. It was actually rather segregated into classifications of violence. Quiet, calm people who were serving their time, being booked, or being released had their own area. If you were loud and obnoxious, you were put into holding cells and/or other areas with more guards. Violent ones were placed into individual cells. I actually got quite a few death threats coming from the individual cells.

It seemed if you were cooperative and didn't resist what was happening, you were treated with respect.

Now, prison is a whole different experience....
 

TheSkinsFan

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May 15, 2009
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A little more than a decade ago, I ended up spending 36 hours in an actual State Prison for a crime I didn't commit -- it was, hands-down, the scariest experience of my entire life.

How'd it happen?

I was mistakenly/wrongfully arrested for Felony Theft. The Police actually came in and yanked me out of my college classroom. The arresting officer searched my backpack and proceeded to test my empty powder-covered Altoids container for cocaine residue on the back of the police car -- I mean, really?! Needless to say, I was simply out of mints.

I had absolutely no clue what was happening, or why. I started getting angry and belligerent -- big mistake. But what did I know? I was just a young-ish college punk at the time.

They booked me into the city jail where I spent a noisy 24 hours in a holding cell. I spoke to a public defender who didn't seem to care very much whether I was innocent or guilty, and I was too poor at the time to make bail.

So, the next day, they bussed me over to the State Prison just outside of town. I went through the whole surreal experience of getting in-processed to prison -- including a strip search followed by a fire-hose shower with some sort of disinfectant soap handed to me in a dixie cup. I stood naked against a brick wall while they sprayed me with the hose and told me to wash my crotch and head with the disinifectant.

I was then led down the VERY WHITE AND BRIGHT controlled hallways to a "pod" where non-violent criminals are kept for a time before they join the general population. I was placed in a small solitary cell for the first 24 hours where the doors only opened for meals. I left my cell for each meal, received my food, and handed everything but the pieces of fruit and a milk to the first prisoner I found who wanted it. I'd then returned to my cell to cry myself back to sleep -- all the while with no frickin clue what time it was or how long I had been in.

That solitary lasted for about 24 hours before I was taken to an open pod where I shared a two-man cell with a guy convicted of trafficking 5 tons of marijuana -- he was actually a young and pretty chill guy. Under different circumstances, we probably would have been drinking beer and chasing sorority girls together. Instead, there he was serving ten years for a crime he readily admitted to doing. I borrowed a book from him and tried to make a phone call to my parents -- but they weren't in. I then read until I fell asleep for a while.

36 hours into the prison time, a corrections officer called my name and proceeded to tell me that I was being released immediately. They had apparently caught the real culprit, and I was free to go. :Q The only word that can accurately describe the moment I heard that news is 'orgasm.' Take away the sexual aspect of the term and THAT was how good it felt to hear those words. The craziest thing about that? The other prisoners in the pod, of which I had only really spoken to one, actually cheered for me when they heard the officer say it!

Six hours of waiting for a bus ride and out-processing later, I was sitting on the curb in front of the city jail waiting for a friend to come pick me up, all as if nothing ever happened. I don't even think a single officer said anything like "Woops, sorry about that." Nothing, nada -- never heard from them again.

It took me approximately 12 months to get the entire episode expunged from my record, but I'm smart enough to realize that it's probably still out there on some computer somewhere. I sincerely doubt they could get rid of every trace, although they always insisted that was the case.

To this day, the only thing I really have to show for the entire ordeal is an old folder filled with documents, and a small clipping from the College paper with three sentences describing the arrest of the real culprit in the "Campus Crimes" section.

Like I said, it was the scariest fucking thing I have ever been through -- and that includes intense firefights in both Iraq and Afghanistan. Words can't even begin to describe how it feels to be locked up in prison when you're innocent, poor, and alone. It's beyond description, it really is.

There ya go.
 

TheSkinsFan

Golden Member
May 15, 2009
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Originally posted by: totalnoob
skins, you should have sued the hell out of them for that..
Looking back on it, you're probably right. But, like I said, I didn't really have a clue what was going on. I'm actually proud of the fact that I handled the aftermath without ever involving my parents. Hell, I waited nearly ten years before I even told them about it.

Within hours of the ordeal, I was already drunk and partying with all my friends again. I was certainly still in shock, numb really; but all the girls seemed to think the whole story was worth listening to a few hundred times that month, so life returned to normal pretty quickly. ;)

The only good thing to come from the ordeal was that I never had to be told again to stay on the correct side of the law. If I had actually been guilty of a crime, I'm not sure if the experience would have had the same lasting impact.

For that reason, I'm a pretty trustworthy wing-man and designated driver these days. :)
 

StageLeft

No Lifer
Sep 29, 2000
70,150
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Words can't even begin to describe how it feels to be locked up in prison when you're innocent, poor, and alone. It's beyond description, it really is.
I'm not surprised. Prison would be hellacious for me.

Your public defender probably did suck. They had a thing on npr two days ago about how pathetic public defenders are, not necessarily because they suck but because the system pays them next to nothing and they need a lot of volume to make money. They said some of these guys literally have hundreds of clients at a time.
 

TheSkinsFan

Golden Member
May 15, 2009
1,141
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Originally posted by: Skoorb
Words can't even begin to describe how it feels to be locked up in prison when you're innocent, poor, and alone. It's beyond description, it really is.
I'm not surprised. Prison would be hellacious for me.

Your public defender probably did suck. They had a thing on npr two days ago about how pathetic public defenders are, not necessarily because they suck but because the system pays them next to nothing and they need a lot of volume to make money. They said some of these guys literally have hundreds of clients at a time.

That's about right. It didn't help that mine was fresh out of law school. But seriously, in every conversation with him, it was like he assumed I was guilty, the encounters lasted mere minutes, and he would basically be running out the door to his next client.

He did help me get things expunged later, but like I said, even that took 12 ridiculous months.

nuts man... just nuts.
 

Atreus21

Lifer
Aug 21, 2007
12,001
571
126
Originally posted by: TheSkinsFan

Ordeal.


My brother had some bad luck once and spent about 6 hours in jail for no other reason than being in a bad place at a bad time. He said it changed his life.

Prison ain't freaking Shawshank Redemption.

My dad was an administrative justice with the EEOC here in New Orleans about ten years ago. He heard discrimination cases, and he hated the job.

Speaking for myself, I've found extraordinary good luck by the following mantra: Be super-polite to cops when they pull you over, and you'll find you'll get less tickets. The last two times I was pulled over, for legitimate reasons (inspection sticker and speeding), the cop let me go because I ended every sentence with "sir," and didn't speak unless spoken to. My opinion is that if you give the officer the impression that you're a law-abiding person who made a slip-up, he'll be cool. Naturally, there are always assholes. Can't help that.
 
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