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Comment by threatofrain

When the police and justice system collects information about clothing, sexual history with defendant, alcohol and other drugs, they do so because these are legally relevant facts to establishing a narrative that's otherwise often too lacking in material basis.

The police and justice system wish to know these facts so they know the strength of some legal narrative and what counternarratives can be supported. Wearing sexy clothing fits a narrative of consensual sex. Sexual injuries fits a narrative of sexual assault. Drug use damages the credibility of any party. Prior relationship with defendant can fit narratives about the likelihood that someone might agree to sex.

These are facts that defense will ask, and it's best for the prosecution that the police ask first on their terms to control the progression of fact discovery, as opposed to letting the defense ask first on their terms.

Why not be interested in what the man was wearing? Maybe because the prosecution, in anticipation of defense strategy, thinks it won't matter. The job of the police is not to act as a neutral 3rd party to the justice system, proportionally investigating claims on the strength of their merits. The secondary job of the police is to set up cases for the prosecution, even if it's unfair to the defense. The primary job of the police, and any agency, is to establish its own credibility, robustness, and scope as an agency. Note that I am speaking descriptively, not prescriptively.

parent threatofrain 10 years ago

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