Path: utzoo!attcan!uunet!samsung!xylogics!world!bzs From: bzs@world.std.com (Barry Shein) Newsgroups: comp.society.futures Subject: Re: Freedom Message-ID: Date: 15 Jul 90 19:40:16 GMT References: <3533@crash.cts.com> Sender: bzs@world.std.com (Barry Shein) Organization: The World Lines: 44 In-Reply-To: mikeu@pro-magic.cts.com's message of 15 Jul 90 14:36:02 GMT From: mikeu@pro-magic.cts.com (System Administrator) >If it proves out in court that the two cases involved were indeed criminally >conceived, then I support in retroaction the seizures that took place; in >effect they stopped that criminal activity. If, however, the charges are >proven wrong, then a closer look at the process that led up to those actions >is required. You have a fundamental misunderstanding of the United States legal system and its constitution. You can't retroactively decide that the means were justified because, in the end, a conviction was obtained. In fact, quite the opposite. At the very least, by allowing law enforcement agencies to violate rights and procedures you greatly enhance the likelihood that any evidence obtained will not be admissible and the convictions impossible, even if justified. The basic reason why, besides the obvious dictums not to harrass honest citizens, that so much procedure is put into place over searches, evidence etc. goes like this: The govt has invested billions of taxpayer dollars in creating and running law enforcement agencies, detectives, courts, judges, forensic labs, etc etc. All funded to gather evidence in criminal matters. The individual has virtually nothing at his or her disposal to defend him or herself, comparatively. So the courts have decided that the least an individual citizen deserves is that these well-funded organizations be able to do is get it right, follow due process and rules of evidence etc. If they don't, then in general sympathies weigh heavily towards the individual and cases are often thrown out of court, etc. In the end all that is being demanded is that the policing agencies follow their own rules. Either the rules are sufficient for them to do their job, or they should ask the courts to amend the rules. Violating the rules is not an option, no matter how worthy the cause. -- -Barry Shein Software Tool & Die | {xylogics,uunet}!world!bzs | bzs@world.std.com Purveyors to the Trade | Voice: 617-739-0202 | Login: 617-739-WRLD