Security, Police Training, and perceptions...

[oftheherd1]

Point taken, but there is a little more to it than that. As I understand it, commonwealth laws tend to lean more towards the old (British and early Colony) common laws. Again, as I understand it, that is less applied to criminal law and more to civil law. But there can be applications of common law in both. A lawyer could no doubt explain it better. The last time I heard a lawyer talk about it was over 20 years ago.

None if the above should be construed as agreement with eliminating protections for police. Saying it is part of the job is what we tell each other privately when we suggest they were close to (or did) go too far or react too quickly.

But to attempt to codify that would be like absolving electrical companies from civil suits because the electricians knew they were in a dangerous job. That regardless of any lack of good safety features by the companies to mitigate as much danger as possible. Any judge who thinks police shouldn't receive at least as much protection as any other citizen has flawed reasoning in my opinion.

 

[Juany118]

None if the above should be construed as agreement with eliminating protections for police. Saying it is part of the job is what we tell each other privately when we suggest they were close to (or did) go too far or react too quickly.

But to attempt to codify that would be like absolving electrical companies from civil suits because the electricians knew they were in a dangerous job. That regardless of any lack of good safety features by the companies to mitigate as much danger as possible. Any judge who thinks police shouldn't receive at least as much protection as any other citizen has flawed reasoning in my opinion.

Oh it was indeed flawed and contrary to the statute as written but Judges can get away with stuff like that unless called out, using the proper procedures.

 

[oftheherd1]

Oh it was indeed flawed and contrary to the statute as written but Judges can get away with stuff like that unless called out, using the proper procedures.

And that pretty much must be done by other lawyers. Oh, wait, as part of their job they have to appear before judges over and over don't they?

 

[Juany118]

And that pretty much must be done by other lawyers. Oh, wait, as part of their job they have to appear before judges over and over don't they?

Well the weird thing in PA (likely a common law thing) unless I specifically request a DA I represent the Commonwealth through the the Prelim. If a case gets tossed I am then the one going to the DA asking for permission for a rearrest etc.

 

[jks9199]

Well the weird thing in PA (likely a common law thing) unless I specifically request a DA I represent the Commonwealth through the the Prelim. If a case gets tossed I am then the one going to the DA asking for permission for a rearrest etc.

Much the same here in the Commonwealth of Virginia. At General District Court (not a court of record) -- unless the defendant gets an attorney, and sometimes even then, the officer is the prosecutor. (Had a judge call out an attorney once when I trying a case and didn't ask a question in quite the right way, and the defense attorney tried to be picky about my lack of lawyerly phrasing...)

Judges are elected by the legislature. They're nominated by the General Assembly members -- but I think they're generally recommended/suggested by the local bar. There's a current Circuit Court judge in my area that I've worked with as a deputy Commonwealth Attorney, deputy Town Attorney (we contract with a local lawyer to be our prosecutor for town court), and been in front of now at both General District Court and Circuit Court. A couple of other judges that I've known as defense attorneys...

 

[ballen0351]

The only cases we handle as the officer in court is minor traffic. Other than that it's all done by the states atty. I could even ask for a states Atty in minor traffic but I've never actually seen that happen before.
Sometimes I wish I could try my own cases without the States help. I hate getting new rookie lawyers who don't ask the correct questions.

 

[Juany118]

The only cases we handle as the officer in court is minor traffic. Other than that it's all done by the states atty. I could even ask for a states Atty in minor traffic but I've never actually seen that happen before.
Sometimes I wish I could try my own cases without the States help. I hate getting new rookie lawyers who don't ask the correct questions.

What I like about it is that, even though it's "only" a Prelim, having the litigation experience definitely helps with case prep for trial.

 

[dvcochran]

Excellent video. Real time is underappreciated and not understood.

 

[kravmaga1]

Thanks for this valuable information.