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On Sat, 4 Feb 2006, Stephen Montgomery-Smith wrote:
We have to worry a little about Alito's other views on criminal
procedure:
http://moritzlaw.osu.edu/communications/newsreleases/2005/111605.html
http://moritzlaw.osu.edu/osjcl/eJournal_3-1.htm
We don't want to give too much authority to the police. There is a
balance and I'm concerned that Alito could push to far in one
direction.
The popular media shows ("Law and Order", etc) give a perception that
the police are often hampered in bringing a criminal to trial because
they slipped up on some technicality. I have always wondered if this
perception is true. Presumably there is some truth to it.
Right. That's one side. The other side is that police have to suffer
consequences for "slipping up," because if their are no consequences, they
will "slip up" all the time, which will mean that they can do whatever
they please to us. So we have to balance one against the other.
Obviously, we don't want to let murderers go free on technicalities, but
we also don't want to allow police to violate our rights.
Mike
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