I am surprised and amazed at what I learn from each of the videos I watch of Judge David Fleischer.
Too many things to list that I have learned. I would say that I have learned more from him than all of the other judges put together. He continually educates attorneys, defendants and himself.
For example, the prosecutor wanted to charge the defendant under a statue that was rarely used. I have never heard it used in court before. That the person at 4:30 in the morning parked more than 18 inches from the curb and this was the probable cause that gave the officer the right to have a stop.
It turned out in that case that he didn’t believe that when it is dark in the morning that someone could see 18 inches from the curb. He dismissed it as not having probable cause. He also looked up the statue and discussed it with the prosecutor. I rarely see judges look up statues when deciding a case. Maybe other judges have incredible memories, but I appreciate that he took the time to find the letter/intent of the law.
What he does to preserve the intent of the law is remarkable. Besides being humble enough to admit he doesn’t know everything, he also reminds defendants of their Miranda rights. He also tells them not to speak, and when they try to speak ask them “Are you losing the case” like we have seen Judge Judy do. When someone doesn’t have an attorney he makes sure that they get one, and dismisses more cases that I have seen any other judge do for lack of probable cause.
I must admit that I didn’t fully understand all of the nuances of probable cause. Watching him it is clear that a reasonable person has to believe that a crime has been committed, is being committed or will be committed. This is also called Reasonable Articulatable Suspicion. He often shows that both the police and the prosecutor don’t have a reasonable standard for action. Often the police omit critical facts from their reports or are so vague that the prosecutor can’t prosecute. It is clear that there is additional opportunity for more accountability for everyone involved with consequences.
If you feel that the US Justice system is crooked then this guy will restore your belief that there are judges who challenge the system and demand concrete facts. It is inspiring to watch his brand of justice, and I am always amazed at what I can learn.