Tuesday, April 27, 2010

A Warning to Every Man


A client needed my help in criminal court. Her son had come at her with a butcher knife. She grabbed a steak knife from her place-setting and got lucky, bloodying his arm and deterring his attack.

But, the great rule of law enforcement and criminal court is, "Bleeders always win." Police, prosecutors and judges would deny that, but by-and-large it is simply true. If you are the one who bled, you are much more comfortably poised to succeed in court. The reasons why this is true are twofold: Laziness and embarrassment, the two great forces running the system. Police, prosecutors and judges see a bleeder and they think, "Hmmm, there is one who is obviously eligible to be labeled 'victim.'" Once they do that, the work ends. Once they do that, the press can't run an embarrassing article asking why the system sided with the non-bleeder.

Some criminals are aware of this, and so if arrest is inevitable they carefully bloody themselves with an injury before police arrive.

In any event, because my client, the true victim, got lucky in her effort to deter the attack, while she suffered no injury, she was arrested, while the son, the attacker, was interviewed as a victim.

So, my client was in a difficult position.

As I waited for the prosecutor to arrive for trial, I planned my discussion with the prosecutor in this tricky case. On the case list I saw that the prosecutor was a young lady I had not worked with for about three years. When she walked into the courtroom, I immediately saw that beautiful Dana suddenly had quite a substantial belly.

"DANA!," I exclaimed, putting out my hand, "HOW ARE YOU DOING?" And the next five words slipped-out of my mouth, before I could stop myself...


Dana's answer: "What due date?"


No comments:

Post a Comment