If you work in criminal justice long enough you see situations in which rules are broken often. Defendants break rules and face the unbridled wrath of the criminal justice system (which seeks to take their money, time, and sometimes freedom). But what happens when the Government breaks rules? More often than not, the Government changes the rules so that they don’t get caught again.
DPS is a good example. The “scientists” at DPS are notorious for rewriting the breath test guidelines whenever the rules become too burdensome or difficult. That is, whenever the system can not clear the embarrassingly low hurdles it sets for itself to insure credibility, it moves the goal posts. Rather than trying to say, quit breaking rules, the Government forgives itself and moves on. It’s similar to the “harmless error” analysis that our pro-conviction authoritarian judicial activist appellate courts have taken. The Defendant makes a mistake and pays with his freedom, the Government violates the Constitution and it’s “no harm no foul” (with former prosecutors deciding what “harm” is”). The only truly accountable actor in society today is the individual, the Government need not be bothered by pesky things like laws, rules, or the Constitution. But I digress.
The latest example comes from the Dallas Police Department. Bobby Bennett is mentally ill and his mom called the cops for help (a larger issue we will skip is the intersection of the mental health and criminal justice system). The shooter, DPD Officer Cardan Spencer, lawyered up and waited to give a statement about what happened (even cops know not to talk to cops if you are suspected of possible wrongdoing). Meanwhile Spencer’s partner at the scene, Christopher Watson, gave a statement that said Bennett “aggressively approached” Spencer with a knife. Bennett was arrested and charged with aggravated assault.