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Politics : PRESIDENT GEORGE W. BUSH

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To: Lazarus_Long who wrote (215638)1/8/2002 9:53:56 AM
From: Neocon  Read Replies (1) of 769670
 
We are not really free if we are in continual fear of public disorder. Dithers is expressing that side of the problem. Due process should not be construed so strictly that it subverts substantive justice. For example, I do not believe in the exclusionary rule. If the police have made errors, let them be sanctioned independently, do not exclude evidence with a material bearing on the truth of the case.

Similarly, the 5th amendment forbids compelling testimony that is self- incriminating, but it does not say that stupid utterances are protected. The absurdity of telling people not to say anything incriminating is demonstrated by the fact that third party incrimination, such as confessions to a friend, are admissable. Thus, I think that the Miranda warning ought to be shortened to informing the suspect of his right to an attorney, even a court appointed one.

I mention these as but two examples of things that are not mandated by the Constitution, per se, and which hamper the goal of finding the truth and preserving the peace unnecessarily.......
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