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From: desj@brahms.BERKELEY.EDU (David desJardins)
Newsgroups: net.politics
Subject: Re: Television coverage and censorship in Canada (in net.columbia??)
Message-ID: <12373@ucbvax.BERKELEY.EDU>
Date: Fri, 14-Mar-86 04:24:53 EST
Article-I.D.: ucbvax.12373
Posted: Fri Mar 14 04:24:53 1986
Date-Received: Sat, 15-Mar-86 23:22:01 EST
References: <6396@utzoo.UUCP> <514@kontron.UUCP> <814@alberta.UUCP> <827@alberta.UUCP>
Sender: usenet@ucbvax.BERKELEY.EDU
Reply-To: desj@brahms.UUCP (David desJardins)
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Organization: University of California, Berkeley
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In article <827@alberta.UUCP> ken@pembina.UUCP (Ken Hruday) writes:
>  No one is arguing that innocent people should go to prison; just those 
>that are *known* to be guilty. I fully believe that the benefit of the 
>doubt should go to the accused; but, when there is no doubt, justice should
>be done. It seems that you've forgotten that there are three parties 
>involved in every crime. You've only accounted for the criminal and the 
>state but you've forgotten the victims. Society must do justice to the 
>victims, as well as to the accused. By your assertion, you would rather 
>see ten injustices done rather than one.
>..........
>  Something that you apparently assume is that setting free those *known* 
>to be guilty somehow insures that innocent ones won't be convicted. This 
>believe is rather bizarre. I would be interested to see an argument that 
>supports it.

   As you note, this has nothing to do with guilt or innocence.  It has
to do with the fact that if the rights guaranteed by the Constitution
are not enforced (i.e. penalties imposed for violations of those rights),
then those rights effectively disappear.  You can debate (if you wish)
the value of these rights (perhaps you would prefer a true police state),
but there is no way to guarantee these rights if violating them has no
effect.  Do you think the police are going to bother to get warrants to
come in and search your house and your person if there is no real reason
for them to bother to do so?  The fact is, historically, there has been
no real enforcement of the rights of the accused until such time as
penalties are imposed for violating these rights.

   -- David desJardins