Law and order

“Old Billy was right: Let’s kill all the lawyers – kill ’em tonight.” – Don Henley, Get over it

ABOUT a fortnight ago, my ex-girlfriend and I decided to eat out. We were waiting for our food to be served when we overheard a boisterous conversation from a neighboring cubicle. We couldn’t see who they were but based on the blue with white pinstripe pant leg, their blue polo shirts,  and of course, their holstered guns, we could safely assume they were cops — and loud people.

“Mao naang problema sa mga abogado. Mahukasan ka gyud. Dapat, naa ka na’y storyline daan before saoperations,” blurted one.

Another advised the other not to panic when the defense lawyer starts interrogating him and more importantly, to just stick to the storyline they made up about the operations. That cop explained that the storyline will be their rallying point in their narrative whatever happens in the conduct of operations.

I was surprised by their loud volume. They were discussing how they would comport themselves in court. They were loud, I mean, really loud. Other people eating were looking at them. Although I was surprised how loud these cops were, what they were talking about didn’t surprise me at all.

There are cops who often rant against lawyers who get their clients acquitted on “mere technicalities.” But that guy is clearly guilty, the policeman would say in frustration.

A law professor once told his class that one of the biggest mistakes the police commit during arrests is on the Miranda rights. The Miranda rights stem from the landmark decision of the United States Supreme Court in Miranda v. Arizona. It is a lump of rights, plus the right to counsel and sans the “freeze.” It is like a Jenga pile. When you remove one, the whole pile starts to crumble.

It usually goes like this: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney. If you cannot afford one, one will be appointed to you by the court. With these rights in mind, are you still willing to talk with me about the charges against you?”

The Philippine National Police has even launched a campaign on this a year ago. It was dubbed “Know your rights.” It is a smartphone app that translates the Miranda doctrine into the different languages and dialects.

A case in point of stark relief is the Oplan Tokhang. A list of alleged drug users of a barangay by village officials, church leaders, and what have you. The police would then visit these people in their residences or they are usually rounded up to the barangay covered court. They are then made to sign a confession of sorts or a promissory note that they will not take drugs again.

Having stated the Miranda doctrine, I leave it up to you to point out how many times a regular Oplan Tokhang violates it. For one, the promissory note will not stand in court because the person signed it without a legal counsel present.

If our police only adhere to the enforcement of the law, our crime rate, including murder and extrajudicial killings, would go down instantly. I’m talking about lawful police work. No shortcuts. No “storylines” or scripts. Many cases would not be thrown off the court if the police properly enforce the law.

Another case in point is the Oplan Tambay. Remember, how many cases were dismissed and how many reached the court? As law enforcers, it is their duty to enforce it, nothing more. You may not interpret it, be creative with it, or be maverick about it. That is for the court of law to decide.

To wrap up, I should explain the quote at the start of this column. It is from an Eagles’ song. It is about Henley’s frustration and contempt for people who blame their failures, mental breakdowns, and financial problems on others, who they feel do not deserve their success and then believing that the world owes them a favor.

The line is derived from William Shakespeare’s (thus, “Billy”) Henry VI, Part 2, Act IV, Scene 2. The full quote is “The first thing we do, let’s kill all the lawyers.” This line has since been the Florida Bar Association go-to lawyer joke.

Police are law enforcers. They shouldn’t hold a veiled disdain against officers of the court — lawyers. Instead, they should work together in stamping out criminality. Police should make it harder for defense lawyers to punch holes in their prosecution. Remember the old motto: Serve and protect?