Power's Bad Side

Power can be an evil, dangerous tool.

It comes in many different shades and versions. Depending on in whom it rests, it can find itself having or creating some terrible results.

First, there's the seemingly innocuous, toothless tiger of power that some people think they possess. It causes them to be completely oblivious of people around them. They're often insensitive, rash and callous as they bumble their way through their empty, vacuous lives thinking that they are so much better than everyone else because they're in some way powerful. This is often inextricably and dangerously linked to the person's ego. To some, if they pout and scream loud enough, someone will surely acquiesce. I admit, sometimes this works. But on other instances, the person looks like a maniacal nitwit having a hissy-fit. Rod Blagojevich ring a bell? Upon encountering such an occasion, it's often best to just walk.... away.... slowly. 

Next, there's this phenomena of power in numbers. The thinking here appears to be that because you have others that share your very thoughts, if you band together there's strength in a large number. A good example of how this sort of thing can result in sheer and utter nonsense is the Occupy Wall Street protesters ganging together to shut down three west coast ports last night. The ports of Oakland, California, Portland, Oregon and Longview, Washington all suffered attack by these occupiers in the exercise of their ill-gotten power. News flash, occupiers: if you stop the import and export of goods into the United States, you're inextricably affecting commerce and the economy, intentionally regressing us into a more dire, depressed state. The concept of logic clearly fails to come into consideration in such acts. After all, it appears that the occupiers are creating more of the same problem that they are protesting against. Brilliant use of the brain cells there, wouldn't you say? 

In my profession, the discussions of power often focus on its abuse. Admittedly, many lawyers have power derived by virtue of their position. For example, Jerry Sandusky's lawyer, Joseph Amendola, had the power to waive the pretrial hearing this morning for his client. This waiver, probably came after much discussion between Amendola and his client. Too bad for Sandusky, though, that his lawyer is an idiot. Accepting such a direction from his client to waive the hearing is bad enough, but my suspicion is that a typical client like Sandusky doesn't know that this hearing was waivable and it's most likely that Amendola himself encouraged and urged Sandusky to undertake such an action. This power inherent in knowing the law and its strictures and advising a client on how to plead or act in a criminal case can literally be deadly if left unchecked. Here, it appears to be a thick nail in the Sandusky coffin. This prelim hearing was one of the only ways that the accused could have beaten the charges; it was the only opportunity available to him to test the truth and veracity of the alleged victims prior to trial. At the very least, it stood as a plausible and sensible way to poke holes in many of the allegations including why it took so long for the alleged victims to come forward. With a swift use of the fleeting yet dangerous power he has, Amendola basically sealed Sandusky's doomed fate. 

In addition to the power of defense attorneys is, of course, that of prosecutors. Many of them go rogue and betray not only the oath of their office but the entire purpose of their power. Take for example Lake County, Illinois prosecutor Michael Mermel. He insisted that Juan Rivera broke into 11-year-old Holly Staker's home in 1992 and raped and murdered her. According to Mermel, Rivera confessed and three juries found him guilty. The only problem was that the semen found in the victim's body was not Rivera's. The prosecutor explains that the 11-year-old must have been sexually active. Jerry Hobbs, much like Rivera, had to deal with the powerful intentions and actions of Prosecutor Mermel. According to Mermel, Hobbs confessed to killing his own eight-year-old daughter and her nine-year-old friend. That confession got him the death penalty. Slight problem, though, because DNA tests entirely excluded Hobbs and implicated another man (with a lengthy criminal past). Regardless, Mermel would hear nothing of it. He believed that the DNA evidence came from the girls playing in hot spot for lovers near the crime scene. Asked why he spews this drivel-laden theories, Mermel told the Chicago Tribune that he's paid to get convictions. Um, not so fast. In fact, just last week, the Illinois Supreme Court attempted to curb Mermel and other like prosecutors' powers. It held that one of the special responsibilities of prosecutors is "to seek justice" and not "merely to convict." In the same breath, the Court tossed out the guilty verdict in Rivera's case. They chastised Mermel's use of power and with a swift stroke of the pen, released Rivera from the 19 years of wrongful imprisonment. Hobbs was released late last year. 

 

 

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