One of the oddities of our legal system is that there doesn't seem to be any way to protect the Constitutional rights of innocent people that doesn't involve letting guilty people off.
One of the oddities of our legal system is that there doesn't seem to be any way to protect the Constitutional rights of innocent people that doesn't involve letting guilty people off.
jesse
Touchdown! Greaser!
One of the oddities of our legal system is that there doesn't seem to be any way to protect the Constitutional rights of innocent people that doesn't involve letting guilty people off.
Which is how it's supposed to be and how the founding fathers intended it. We are supposed to be ok with the fact that some guilty people will skate by with the reward being us actually having rights and freedom. We are not the land of busting every person for every minsicule offense, we are the land of the free. A mindset I'm afraid we've lost.
dtuuri
Final Approach
One of the oddities of our legal system is that there doesn't seem to be any way to protect the Constitutional rights of innocent people that doesn't involve letting guilty people off.
I think you've completely missed his point."Letting guilty people off" was not it. Laws are intentional restrictions on behavior. "The land of the free" doesn't equate to the "the land of the free to disregard the laws".
dtuuri
He filed for monetary damages, didn't he ?
Letting guilty people off is not the goal, just an unfortunate byproduct. In most cases, it doesn't seem to be feasible to fine or jail law enforcement officers or prosecutors who violate Constitutional rights. It seems that the main tool that we have to enforce those rights is excluding unconstitutionally gathered evidence from being considered at trial. Hence, evidence of guilt apparently has to exist in order for Constitutional rights to be enforced.
jesse
Touchdown! Greaser!
It's not the goal to let guilty people free but it's better than the alternative.
"It is better 100 guilty Persons should escape than that one innocent Person should suffer"
-Benjamin Franklin
If there is no substantive penalty to the government for breaking its own laws, then there is no incentive for them to follow the law.
Apologies for reopening a 10 year old thread, but has the opinion on this matter changed since 2014? I'm in the same situation as OP. I'm unsure how to proceed. I received a possession of marijuana ticket (not a misdemeanor or felony) a few years back. I haven't touched the stuff since.
Any advice would be appreciated.
Any advice would be appreciated.
Lindberg
Final Approach
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