Scanning the Heavens

Michael Gizzi is a professor of criminal justice, a political scientist, and a proud geek.

Woke up this morning to the Bloomington Pantagraph’s headline of how the Aurora shooter is not cooperating with police.     Aurora Police Chief Dan Oates is quoted

“He lawyered up. He’s not talking to us,” the chief said. It could be months before they learn the motive behind the shootings that left 12 dead and 58 injured, with authorities working with FBI behavioral analysts and looking into Holmes’ relationships.   

Look, I think the guy is as guilty as sin, and have no doubt that he will be convicted for these heinous crimes.  BUT the very statement “he has lawyered up” really is a pet peeve. Every suspect in every crime, no matter how minor or how serious should “lawyer up” - it is a fundamental constitutional right; and the only thing in the entire system that truly provides an assurance that the suspect’s rights will be protected.   

I know, no one wants this guy’s rights protected.   Heck, I saw a post in a forum a few minutes ago calling for skipping right over trial and direct to a public hanging.   But that is not the way we do things.  And it is not the way we are supposed to function.  Lets let the system function the way it is supposed to.  I have no doubt he’ll get his just dessert.   

When police use language like “he is lawyering up” they are putting themselves and the prosecution above the rest of the judicial process.  They are playing judge and jury.   There is disdain for defense attorneys and the essential part they play in the judicial process.  But without the defense, there is no justice. 

Lawyering up is not a crime.   If you get arrested for anything, I’d suggest you lawyer up too.   Its the smart thing to do.    

10 months ago
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