Tips on Prosecuting Drug Cases

1. Prior to pre-trial, subpoena the Crime Lab to bring the relevant documents and the specimen, so that they can be marked already. Otherwise, present the Forensic Chemist first during the trial, to avoid recalling the poseur-buyer to identify the specimen.
2. Mark and identify the specimen, from the plastic to the written markings.
3. In selling, establish the exchange of money and drugs, from whom the items were recovered afterwards.
4. Chain of custody is very important.
5. Always ask the poseur-buyer whether the specimen is the same item he purchased from accused.
6. Establish absence of ill-motive on the part of the police officers.
7. Show the length of time from buy-bust/search to delivery to crime lab for examination.
8. Ask the forensic chemist from where he took the sample which tested positive for the presence of drugs, and show that the weighing was made without the plastic, and if it was weighed after taking the sample.

to be continued

I wish i were a superhero

Last week we were compelled to attend a 5 day orientation/workshop to enhance our prosecuting skills (if any). I left the workshop with a renewed love for my work and came back to the office with a feeling of dread. Gosh, proof beyond reasonable doubt?? how am i supposed to prove the guilt of the accused when the evidence provided by the police is more often than not, lacking? How i wish we had the crime investigation machinery of other countries. It would be very easy to get a conviction, admission or plea-bargaining.

Its really disappointing and pitiful that the police here in our city dont even the capacity to take fingerprints.Fingerprints!! how hard is that??? and the SOCO?? what is that???? I have been in this job for about 2 years and i have yet to see a SOCO report or a police investigation report. Usually, if there are no eyewitnesses, then there is no complaint filed. Sad but true. I wish i were a superhero. Imagine flying over the crime scene and catching the culprit. Sigh.

I may not be a superhero, i may not have much but i am true. Even the highest bidder wont be able buy my integrity.

I just hope that in the advent of the alabang boys controversy, there would be no generalization. Otherwise, we in the prosecution service might lose our love for this job that doesnt pay so well.

Lets just remember that accusation is not synonymous with guilt. A mistake in judgment may be just a mistake with no other underlying cause.