Wednesday, September 22, 2010

Cross-Examine with Caution


I recently witnessed a cross examination in court. In the proceeding that I attended, the police officer that made the arrest was being asked to testify on the circumstances surrounding the arrest. The case was for illegal possession of drug paraphernalia. During the cross examination, the counsel for the accused capitalized on the procedural shortcomings that were committed by the officer in documenting the paraphernalia after the arrest was made. Naturally, throughout the cross examination, counsel had to emphasize how the officer did not follow protocol and was remiss in performing his duties. And as the examination was going on the officer seemed liked he was way over his head. It got to point that he cannot answer the questions being propounded without the aid of the court interpreter and/or the judge. This got me thinking: maybe it is all this testifying in courts that are making some police officers such bullies with people they encounter outside of court.

Let me elaborate. During the cross, all the officer can do was answer the question. Even if the counsel was showing the court that he was remiss in his duties, he was, generally, not given a chance to explain his side. After all, all he can answer was a "yes" or "no". He cannot even voice his dissent or disapproval as to how he was being portrayed in court as someone who did not do his duties. and in as much as what the counsel was doing is nothing personal, one cannot help but be affected when put in that situations. And no matter what the counsel do to make him seem incompetent all he can do is bear it. He cannot lash out on the counsel or on the accused since obviously he is court. So, where does he displace all his anger and frustration? On the unfortunate person he know has lesser power than him. That would be the pickpocket that is brought to their station, or the jeepney driver that was "swerving", etc. And since the officer during these situations are the ones with the power, it can be an oppurtunity for him to now assert his dominance and prove to himself that he is still in control of his job no matter what counsel says. Let me make a disclaimer by saying that that I do recognize that there are a lot of police officer that are not abusive and do their job really well. But I cannot help but think how being put in the stand is contributing to all the abuses that...abusive policemen do in the line of duty. Just wondering...

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