After almost 30 years in the business of crime and justice, I’ve come to one clear and undisputable truth: the overwhelming majority of our nation’s citizens have no fathomable clue how the criminal justice system really operates. As a start, the criminal justice system operates within a revolving door of how “truth” will be defined. The justice system is not designed to operate within the standard ethical world of “truths and lies” where most people in America try to live and breathe. It can’t. First, because the system operates in a world where its loyal customer base, whether they be white, black, or brown, drug traffickers, child molesters, white collar criminals, or murderers, live under a different code of ethical conduct. Secondly, and the most important, because the one and only means the criminal justice system can make money is to produce arrests and plenty of them. The courts and correctional components of the criminal justice system rely solely on the policing component for their survival.
Thus, in order to be successful in this “counter-culture of crime” and make arrests, the criminal justice system learns to speak the language of its customer base, which is to lie, cheat, deceive, exploit, and use violence when necessary. In fact, police are given the legislative tools to live in this world: (1) The Mental State Requirement; and (2) The Public Authority Defense. In short, the Mental State Requirement allows a police officer, within the performance of his official duties, to participate in criminal activity and not be charged with a crime because he lacks the specific intent or “mental state.” The Public Authority Defense also known as the law enforcement authority defense, permits law enforcement agents working under the color of the law to commit crimes and engage in criminal behavior for the purpose of gathering evidence of a crime. In other words, police have the ability in the full performance of their duties to use deceit in an interview, buy drugs, sell drugs, use drugs, manufacture drugs, deal in stolen property, transport, trade, and distribute automatic weapons to convicted felons, print counterfeit money, launder money, engage in sexual acts with prostitutes, commit perjury, etc. Police have the constitutionally protected right to look directly into the eyes of its citizens and lie to them within the pursuit of justice and profit. The problem is, after a while, everyone forgets what the truth actually is, including the criminal justice system.