Padilla

Justin Schwartz jkschw at hotmail.com
Fri Jun 14 12:01:57 PDT 2002



>
>How many cases are there really of serious criminals being released on
>technicalities?

You mean because of constitutional violations? In the federal courts, as near to none as you like. I read one Seventh Circuit case a few years back that quashed an indictment of a real bad guy because of of 4A violation. It;s the only one like that I know of. But basically the rule is, if he's guilty, we'll find a way to keep him in jail. And we are a defendant-friendly chambers, judge and law clerks all!

And, analagously, how many "ticking bomb" cases
>are there of the sort used to justify torture?

I've never heard a real life one.

Both sounds like
>instances of pseudo-plausible but extreme examples used to justify the
>erosion of normal rights.
>
>Doug

Yes indeed.

jks

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