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To: Brian Mosely

I would like to see an entire national re-write of the laws and the "court" findings with respect to evidence and how it is obtained.

I would like to separate the applicability of the evidence - it's either factually correct or it isn't - from any error in obtaining the evidence, and any legal repurcusions of any such error.

There should be repurcusions for injury to our rights in the process of obtaining evidence but those repurcusions should not hide the facts, the evidence. Maybe someone should be fired, demoted, reprimanded, receive loss of pay and maybe even face civil suit by wrongfully accused persons. But, meanwhile, don't throw out the baby (facts) with the bathwater (evidence).

I think the dismissal of evidence, no matter how obtained is nothing other than an act of compounding errors; adding an error (letting the guilty go free) to whatever error may have occured in obtaining the "evidence". I do not think the second error represents "justice" in any form.


79 posted on 06/15/2006 9:21:37 AM PDT by Wuli
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To: Wuli
I think the dismissal of evidence, no matter how obtained is nothing other than an act of compounding errors; adding an error (letting the guilty go free) to whatever error may have occured in obtaining the "evidence". I do not think the second error represents "justice" in any form.

How would you propose punishing police who obtain evidence illegally? Police departments sometimes promise to do so, but if the agents' cases hold up, the agents aren't punished.

Having a court throw out evidence that a cop gathered illegally may seem a rather blunt "weapon", and it is, but it's the only thing that's been shown to actually work.

190 posted on 06/15/2006 3:40:16 PM PDT by supercat (Sony delenda est.)
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