[628] in libertarians
Re: Search & Seizure
daemon@ATHENA.MIT.EDU (----------------------------------)
Thu Feb 9 23:24:19 1995
To: libertarians@MIT.EDU
Date: Thu, 09 Feb 1995 23:18:52 EST
From: ---------------------------------------------------------------------------- <sybok@MIT.EDU>
>The problem is not that illegally seized evidence is used in criminal
>prosecution but that the persons violating the 4th ammendment are not
>prosecuted. The Supreme Court, in its infinite wisdom, decided not to let
>illegally siezed evidence be used at trial. Hence society loses by letting
>a criminal go free.
The justice system is designed to protect the rights of the accused,
and as such, focuses on the defendant. The policeman is not important,
the defendant IS. I don't buy that "society" loses by letting the
"criminal" go free. Only 1.5% of criminal cases involve illegally seized
evidence in the first place, hardly a statistically significant number to
have an impact on the crime rate even if they were all turned into convictions.
Especially when these "criminals" are people who--gasp--possess some object
or substance the government, in its infinite wisdom, has decided ordinary
subjects should not possess.
Yeah, it was so much better that the Dutchman with the suitcase of cocaine
was executed than set free (Singapore). I'm sure residents there feel so
much safer. Hell, why not throw out jury trials while your at it? They
sometimes fail to convict criminals.
The criminals *I* fear are the ones wearing government uniforms. Governments
have killed far more people in the last century than criminals.