Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 5/3/83; site security.UUCP Path: utzoo!watmath!clyde!burl!ulysses!mhuxl!ihnp4!zehntel!dual!amd!decwrl!decvax!genrad!security!wdr From: wdr@security.UUCP (William D. Ricker) Newsgroups: net.legal Subject: Re: Legal Loopholes -- exclusionary rule Message-ID: <704@security.UUCP> Date: Tue, 7-Aug-84 13:45:06 EDT Article-I.D.: security.704 Posted: Tue Aug 7 13:45:06 1984 Date-Received: Thu, 16-Aug-84 03:25:43 EDT References: <426@teldata.UUCP>, <1077@elsie.UUCP> <301@loral.UUCP> Organization: MITRE Corp., Bedford MA Lines: 46 >>Unfortunately, the only effective means of keeping the police from gathering >>or manufacturing evidence illegally it to exclude it from the trial. >Gathering evidence is a very different from manufacturing it. >>Suggestions that police should be prosecuted for their "crimes" will not >>work because: (a) the police won't arrest; (b) the DA won't prosecute; >>and (c) often there's no criminal statute that deals with the "crime". For >>example, there's nothing illegal (usually) about obtaining an improper >>search warrant, even if its done on purpose. >c) first: if the statutes don't exist, then that's where the problem >should be addressed, not (mis)using the exclusionary rule to end run >around it. Good point. >a) and b) I unfortunately don't have any great statistical base >handy at the moment, but my recollection of recent news items shows >quite a number of police investigations and several highly visible >trials of police officers for events in the line of duty. Yes, Several HIGHLY VISIBLE trials. A few highly visible trials of scape-goats caught red-handed when the media got on a politician's case do not make society safe. The fourth branch is the prosecutor in most such cases. Our system of checks and balances should not come to rely on investigative journalism as the only check--that should be the double-check, as it was intended by our fore-fathers. The Judiciary is the intended immediate check against the Executive Police powers, with the Legislative as the long-term, policy, check. I don't beleive in Innocence Until Caught Red Handed, only until proven; but neither do I believe in Police & Prosecutor departments free from political pressures. Politics calls for solving 'real' crime, not creating distrust in the government (by arresting police, etc.). -- William Ricker wdr@mitre-bedford.ARPA (MIL) wdr@security.UUCP (UUCP) decvax!genrad!security!wdr (UUCP) {allegra,ihnp4,utzoo,philabs,uw-beaver}!linus!security!wdr (UUCP) Opinions are my own and not necessarily anyone elses. Likewise the "facts".