Justin, Were you there during the uproar over Judge Baer's decision a few years back? If so, what di the judge's think of the decision and the public flogging he took (I think Lott led the charge)?
Justin Schwartz <jkschw at hotmail.com> wrote:
>
>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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