Padilla

Justin Schwartz jkschw at hotmail.com
Fri Jun 14 13:31:57 PDT 2002



>
> 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:

Remind me. jks


>
>
> >
> >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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