Criminal Court Group Assignment

 

CRIMINAL  COURT  GUIDE
(Group Assignments)

It is important for a true appreciation  of your experience as a Criminal Defendant for you to realize that you will be given a group assignment during your tenure in CRIMINAL COURT which will have a dramatic impact on how you are treated and bear directly on the result which you will obtain.  The following is a simple explanation of your group status, and  its’ probable impact on you as a Criminal Defendant:

      1. Law Enforcement Officers by the very nature of their work eventually only trust other Law Enforcement Officers.  They tend to blame others for their failure to obtain convictions, ie. liberal  judges, inept prosecutors, ignorant jurors, lying  witnesses, and of course  defense lawyers.  Naturally, the concept that someone was not guilty or they were wrong never is considered.  This general attitude results in the creation of  two (2) distinct groups of people in the world today, those being Law Enforcement Officers and everyone else.   These two (2) groups are synonymous with the “GOOD GUYS” (Group “A”) and the “BAD GUYS”(Group “B”).  There is usually much argument concerning the inclusion of additional classes of people in Group “A” (ie. Prosecutors, Judges, Witnesses, Victims) which  finally results in only you, as the Criminal Defendant being left in Group “B”.  This certainly is an acceptable assignment after a conviction and sentence have been imposed, but unfortunately your assignment begins prior to conviction, when you are merely accused.

      2. All Law Enforcement Officers believe that your refusal or failure to answer questions  is confirmation that you are involved in criminal conduct.  Your request for an attorney is proof of criminal conduct clearly justifying your Group “B” status.

      3. It  is quite natural to attempt to avoid a Group “B” assignment  by  cooperating with Law Enforcement by voluntarily providing them with statements of your involvement or lack thereof.   Unfortunately, no one informed you of the absolute maxim in Criminal Law:

        “As surely as the sun rises in the east, any statements you make to Law  Enforcement will  be used as the prime basis for your arrest and conviction”.

        This is so because of your Group “B” assignment which justifies any thing you say being construed, as an admissions of guilt.  Conversely, anything you say which shows your lack of guilt,  knowledge, or evil intent will be ignored or assumed to be a lie, because of course you are naturally untrustworthy or you would not  be in Group “B”.

      4. Prosecutors are our defense to overzealous Law Enforcement and  are to use their objective, well reasoned judgment to prosecute only those persons who commit acts  which evidence intent to harm or at least a reckless disregard for other persons or their property.  Unfortunately, Prosecutors incorrectly believe they are a part of Group “A”, and therefore subscribe to the beliefs in  2 and 3, as stated herein above.   Too many Prosecutors soon find that there is no act, no matter how trivial or inoffensive that cannot be effectively punished or found to be criminal in nature.

      5. Victims are without any doubt Group “A” persons.  However, “Would be Victims” ( ie. those who find the term an advantageous label and not as it truly is, an undeserved humiliation) have found that      Rules 2 and 3 which apply to Group “B” persons can be of significant benefit and have committed the following to memory:

        1. if you start a fight and lose you can still win, as Law Enforcement not wanting to complicate matters with a thorough investigation, routinely label the person who wins as the “Defendant” and the person who goes to the hospital as the “Victim”;
        2. no matter your gender, if you want to ensure  custody of your children or possession of the marital or partner’s residence, make sure that you  file the battery charge and request for a restraining order before your partner does;
        3. when you buy something from a friend and don’t pay for it, your friend can be charged with  both theft and burglary when they come to your home  to get it back.  This also works if you borrow something you have no intent of returning.  This is significant as these charges are so serious that your now ex-friend will gladly  pay  almost any amount of restitution  just to get the charges dismissed;
        4. almost any traffic accident, argument, fight, confrontation or contact with another person can pay well, if you 1.)call the police, 2.)complain loud enough, 3.)demand a charge be filed and 4.)you file suit.
      6. Fortunately, the Judges who preside in Criminal Cases are for the most part, fair and impartial, understanding of course their natural inclination to include not only the Defendants into Group “B”, but their attorney’s.  This Group “B” inclusion seems to work well for most of the Judiciary as it eliminates the need to determine the prevailing party, and allows for a default decision (i.e. When in doubt always rule against the Defendant).  The villainy   which has been ascribed to  Group “B” also gives  justification to the intemperate conduct of some of the judiciary towards the  Defendants’ and their attorneys.

      7. Jurors believe fully that a Defendant should be proven guilty before being sentenced for a crime.  Unfortunately, they are usually so terrified of crime that they are willing to believe that the proof of a crime can be found through the use of Ouija boards, hypnotism and the use of witnesses  who  would lie even if the truth would fit better.  All of this really is of no great concern, as the average Juror believes that proof of guilt was established  when the Defendant was arrested by the Police.

The foregoing insures that being in Group “B” is truly an exhilarating  experience.   Assuredly, you can be guaranteed that throughout the criminal process, when you consider the position from which you start,  it can only get better.

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