Larry Gude said:
I don't believe it is right to drag someone in on a fishing expedition either but I believe it is a greater harm when known criminals are set free on a technicality.
And we KNOW they're a criminal based on - 'feelings'? A hunch? An eyewitness? They're a criminal after they've had their day in court. It doesn't matter what the 'truth' is; the only thing that matters in court is what you can PROVE, and you have to be certain that the information you have isn't tainted. You're innocent until proved guilty. If you can't prove your case, you have no business bringing it into court.
Larry Gude said:
Is it not possible to balance those competing interests better, much better, than they are today?
Possibly but I'm not arguing that.
Larry Gude said:
Are you not going to have some reservation about lying about me if you expose yourself to prosecution for doing so?
Nope, because I'm going to get away with it, and two, I'm already a crooked cop, so coming clean isn't in my best interest. I have a brother in law who was beaten in a tiny police precinct and eventually "convicted" of DUI even though no test was ever given and he hadn't been drinking - and had initially come to the station to "help the cop out" with his report because the cop observed my BIL falling asleep at the wheel. I've personally witnessed unbelievable crap with these same small town cops, but no one has been able to do anything.
In ANY CASE, that isn't my point - IF you have a system where due process doesn't *matter* because you're content to TRUMP UP charges because you "know" someone is guilty - you're arguing against yourself. Letting a "guilty" (guilty: You think he's guilty, not to be confused with proven guilty in a court of law) man go free is preferable to a system where ANYONE can go to jail if the officers of the law are allowed to do as you say - manufacture evidence and testimony to put bad guys in jail.
If my neighbor the cop has it in for me, trumps up a possession charge, is our legal system so fragile that it cannot distinguish between personal animus and real crime?
What's the difference technically between that scenario and just, you know, trumping up a few charges on the *BAD GUYS* and putting them in jail?
Nothing.
They're bad guys, by definition on what is proved in court. It's like science - prove it by experimentation. Don't tell me the earth is flat - prove it. If you can't prove it, don't blame it on technicalities. Blame your case.
Larry Gude said:
We know damn well far too many well known crooks, including as you pointed out, terrorists, use our own leniency's against us.
Yup. You have to outsmart them and get them within the law.
Larry Gude said:
Is that our legal system, unable to distinguish at a moments glance, the difference between a multi millionaire with no known means of income and a series of acquittals where the evidence was real but his Miranda rights we not read to him properly and a long list of cops willing to testify under oath that they almost had him save for X or Y or Z technical mistake vs. me, a known decent neighbor with no millions floating about and only a speeding ticket in the last 20 years?
I'm a stickler for technicalities in court, because I've seen credible witnesses lie on the stand, and get away with it. I've seen judges with a bee up their azz let their emotions get the best of them. But I've also been on a few juries and we had to go by what was in front of us, and not decide because the defendant was a spoiled brat.
I once was in a case where a cop testified on the stand against my sister - whom he'd had a thing for badly, and when she thwarted his advances, he got nasty. My roommate was tried for *RAPE* and acquitted - and the townsfolk thought he "got off". I was upstairs when it happened - he had sex with his former girlfriend, and when she went home, her current boyfriend beat the shiat out of her. So she pointed the finger at my roommate.
Did a GUILTY man go free? Every one in town thought so.
My sister was raped and beaten to a bloody pulp by a fraternity president - and at the trial everyone claimed she was lying tramp - until an affidavit from a roommate who had been HIDING in the room at the time was presented.
I've seen a lot of crap; but I do believe you must prove your case. If you can't prove it, it doesn't matter if they committed the crime. You can't have a system where they throw people in jail because they look at you funny.
Larry Gude said:
How does a system that fragile even have the moral weight to hold ANYONE guilty if it cannot think and act rationally
Or even, its citizens? People are guilty by PROOF. Not feelings. Not even your own eyewitness testimony. You want to return something to the store? Bring the damned receipt. Don't have it? Too friggin' bad. You have to prove things to get what you want.