No, you fool. It's a priceless victory for you and all ordinary nonlawyers, especially for radicals and minorities and other defenseless persons. You think not? Ask Leo Frank, Sacco & Vanzetti, the Scottsboro defendants, the Rosenbergs (guilty though at least Julius was)--ask the defendants in the Moscow Purge Trials. Don't be an idiot.
Oh, and "trial lawyers," a very bad breed of people, real evil parasites, vile bloodsuckers. That is a term for plaintiff's lawyers in civil suits (that is, the people who defend little guys against corporations) and criminal defense lawyers (that is, the people who defend the accused against the state). Obviously, those are the awful ones. While civil defense (that is, corporate) lawyers and prosecutors are the pillars of the republic. Jesus, W., you are such a dolt!
but it
> is a technicality for most ordinary people not versed in legal nuances.
That's because they hear right wing garbage from scumbags who want to curtail to take way these rights,a nd they assume they will never be subject to the criminal process themeslves, and don't care if minorities, radicals, and other lowlifes are railroaded.
A friend who's a public defender says that when she talks with many white collar defendants--small and medium businesspeople who need a PD because, having been charged with fraud, they have lost everything in civil asset forfeiture actions--they tell her that they voted to Reagan and were tough on law 'n order, but when they hear about the sentencing guidelines and what the Court has done to due process, they pale. You know how they say a conservative is a liberal who has been mugged and a liberal is a conservative who has been arrested?
> Most ordinary people want "justice" - meaning punishment of those who by
> common understanding violated the law or social norms, and NOT letting
> those who "did it" walk on procedural technicalities a.k.a "due process."
You still don't get it. I will put it in caps, so maybe it will get through. THE FOURTEENTH AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES _IS_ THE LAW. If ordinary people don't appreciate that, that's in part the fault of dummkopf intellectuals like you who pick and choose about what parts of the law you regarda s real law and what parts are only "technicalities" and not law.
Now, btw, some this "technicality" crap is associated with the exclusionary rule in the context of Fourth Amendment jurisprudence, which keeps out (some) evidence that the bad guys really did if that evidence was illegally obtained. One might debate the merits of the exclusionary rule. That might be thought to be a technicality rather than a constitutional requirement.
However, the due process clause is not like that. It does not keep out evidence of guilt to punish the police for misbehavior. It is supposed to guarantee that you have notice and an opportunity to be heard, that the authorities have to prove that you did it, and that they can't take your property, put you in the slam, or kill you without treating you with minimal fairness. If that's a technicality for trial lawyers and legal scholars, I want to sign up to be one of those. If you oppose those things, you are a totalitarian thug.
>
> The irony of the left wing bullshit, as opposed to the right wing bullshit,
> is that the former takes for granted that the beliefs of the leaders and
> assorted intellectuals are self-evident to "the people;" or that the people
> have a "fasle consciousness" if they do not get the wisdom received from
> their charismatic leaders.
>
Oh, I see, and when the lynch mob howls, we should just say that is the wisdom of the people?
> The pushers of the right wing bullshit do not make such an assumption. They
> make a real effort to translate the ideolgoy of the leaders to "common
> sense" of the people - that crime should not pay, that one has to work for
> a living, that books need to be balanced, etc.
I thought the ruling ideas of the epoch were the ideas of the ruling class, but pardon me, what do I know. Next time I need a political opinion I will just tune into Rush, because W assures me he's got a direct line to the common sense of the masses:
That is why so many folks
> love Rush Limbaugh, but think that Habermas is a brand of imported cheese.
>
And what about Justice Black (originally a Klansman from Alamaba), who argued stuppornly for the incorporation of the Bill of Rights through 14th amendment to enforce its protection against the states? Or Justice Warren, formerly the Guv of CA during the internment of the Nisei, or, for that matter, James Madison and the other drafters of the Bill of Rights. Yeah, a buncha suspicious unAmerican furriners, imported cheese the lot of them.
Aint you got ona them funny Rooshian names, W, that no real Amurrican can spell? I mean, you probably speak furrin lingages and have a PhD n all. That means yer a commie.
What a moron. Rush, and W too.
--jks