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Politics : Foreign Affairs Discussion Group
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To: GST who wrote (127322)3/24/2004 10:07:35 AM
From: Neocon  Read Replies (1) of 281500
 
There is what you can prove, according the rules, and what you know to be true. When a confession is suppressed because of a failure to Mirandize, that is not a net gain in substantive justice, but only in procedural fairness as currently conceived in this country. Suppose I witness someone commit a murder, but there is no corroboration for my testimony. It is perfectly reasonable to acquit when there is one witness, but that does not change that I know the murder occurred. In an instance like that, following the rule that acquittal must be treated as innocence is merely out of respect for the rule of law, and has nothing to do with substantive justice in that situation......
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