Monday, July 13, 2009

Constitutional Rights - Part Two

Note: When I started this write up/blog, after two hours of writing, I realized that it was so long, no one would truly read what I wrote. Not that I write for any special person to read, I am hoping someone is taking the time to read my wanderings. So will be breaking this up into three Parts over the next three days.

When we take the oath at the time of our hire for a law enforcement job, we promise to uphold the laws of our city/county, state and Constitution. What is not part of the oath is our willingness to give up our own Constitutional Rights, our Bill of Rights in the Constitution. For example:


Amendment V - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

If you are even thought to be part of a crime, you are put on leave. And the double jeopardy? Well, let's see... there is the IA investigation/charges/actions. And then the actual crime issues. That is, if you are actually part of a crime. And then the media prosecution, that goes on long after the actual event or trial has happened. And not be a witness against self? Oh please, like we have any personal space that isn't open to our supervisors at any given time. On duty and off duty. Don't they tell us that even our off duty time is subject to scrutiny and we must uphold our actions and opinions accordingly? Does that not deprive us of some personal life and liberty without or with a very limited about of due process of law?


Amendment VI - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

The speedy and public trial is done in the newspapers and on the news stations. Not in the courts. Are they not? Don't these "news" writers make a decision on your guilt (not your innocence) and report it as fact? If you think not I suggest you just turn on any news station and pick up any newspaper or google for news article that pertains to a member of law enforcement that is being investigated or alleged to be part of a crime.


Amendment VII - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Twenty dollars? Okay, even looking over that point, law enforcement staff are open to lawsuits unlike any other career, due to the type of work we do and the subject manner we handle. As dispatchers, we can be sued in civil court for matters that officers can not. Now tell me, is that fair? Is that right? Oh yeah, we don't have a union or organization with power like officers have.

1 comment:

The Dispatcher and Her Officer said...

So your saying our job pretty much bites!!!! hehehe