June 07, 2005
9:00AM There was another bench trial today. The defendant was a 20+ year old male who was charged by the prosecutor for
1. Felonious assault,
2. Assault with intent to cause great bodily harm less than murder and
3. Domestic violence.
I had seen some of the pictures of his victim while she was hospitalized: her eyes were swollen to such an extent that she had almost 0% opening in her eyes. Bruises covered of face and lips, which swelled up like two baseball bats pinched together. The pictures weren’t very pleasant to look at, to say the least. Prior to the trial began, the judge told me that this victim had gotten back together with her boyfriend, and had just recently given birth to his baby. The county prosecutor was the only party that wanted to pursue the charges.
10:00AM This was clearly a bizarre case. The prosecutor pressed one set of charges according to a common domestic violence case. The defendant’s attorney, however, shocked a disbelieving court by introducing an entirely new story, by claiming that the defendant had only slapped the victim a couple of times at home, after the victim had been heavily bruised in a bar fight earlier on. Witnesses followed: the sheriffs’ testimony conformed to the prosecutor’s story, while the victim’s friends’ testimony verified the defendant’s claim, notwithstanding certain biases and inconsistencies (lies) as common in testimonies. At the conclusion of the testimonies, I found to my sore disappoint that the police and investigators in real life are highly incompetent in collecting evidence, as contrary to my previous misconception gleaned from the Boondock Saints. My reflections on the case:
1. I wonder why no one thought of asking the oblivious police officers whether they had smelled perfume upon entering the house. If the defendant had indeed smacked his girlfriend with a perfume bottle for hours on end, the perfume glass should have been broken, or at least spilled. Olfactory memory should triumph visual memory for confused and oblivious police officers.
2. Some girls really can fight! I had to say, that I was actually quite impressed with how the victim had gotten 10 people into a bar fight in which she had sustained injuries worse than those found on heavy-weight boxers.
3. The judge cracked up in the middle of the trial, upon hearing the above mentioned, very interesting bar fight. He literally rolled over with laughter. I am not sure what to make of that. Doesn’t it constitute a mistrial? I suppose the attorneys are too jaded by the testimonial lies that they were hearing at this point to care.
Trial finished in an hour and half. Will be continued on June 22. Can’t wait.
10:30AM The judge gave me the file for this trial, as bound over from a state court. He asked me to find out whether the doctor who treated the victim, well, ‘victim’, had said anything about her boyfriend beating her. Read through 20 pages of boring testimony, and – if I’ve ever seen or read a blatant lie, this must be it. She said that he beat her for hours on end, using a perfume bottle and lamp cord. We all know how detrimental these two weapons of choice are. Anyway, I also found a small post-it note, on which was written (probably by the judge) 1-year probation. He told me later that he would probably just acquit the defendant.
11:00AM Sat in court to observe AOIs, pre-exams and sentencing. I got a little bored, so did the following calculations from a group of probation-violation cases. The 5 defendants had all violated their probation somehow, and were lined up in front of the judge. In 20 minutes, the 5 cases were finished. There was nothing new – no one could pay his/her probationary fees. 4 out of 5 of them still could not pay despite being arrested. It was jail time for all who were poor and broke. Between the 5 of them, $4450 was owed. If the money were split evenly between nine people (1 judge, 1 secretary, 4 clerks, 1 prosecutor and 1 attorney), each would get about $500 in those short 20 minutes.
This penalty system hasn’t made much sense to me yet. Clearly, when forced to pay $100 a month, people who are already broke might be forced to seek illegitimate sources of income, and therefore commit more crimes. Repeatedly, probationary sentences are broken and extended, and escaping the jail/probation cycle seems like a slim chance for most of the defendants here. The court, on the other hand, has continued business because of an ineffective penalty system. The court personnel, as long as they receive their fair share of income, have nothing to complain about the penalty system. The judge, in this case, is usually highly sympathetic towards the defendants, and never gives out unnecessarily harsh sentencing, which is nice, of course. But if the problem lies within the penalty methods, then lenient sentencing may only exacerbate the situation by creating nearly legitimate channels for crimes. For example, if a drug trafficker were to break the law again, he would face only a risk of having to pay a thousand dollars, which, in court, might be reduced to only $100. If, say, the risk of getting caught was 10%, then the penalty that the druggie considers before he commits a crime is only 1% of $1000. The rewards of getting high and/or making money from selling the drug, are certainly much higher than $10. From a simple cost-benefit analysis, selling drugs is not that bad a business after all, and can almost be considered a legitimate kind of trade, with a ‘market’ price attached to the good. And if the penalty rises, the price of the drug would go up, with even more risk-loving individuals wanting to participate in the illegal market. And the court gets busier by the day.
Caning, anyone?