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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!cs.utexas.edu!rutgers!cmcl2!panix!eck
- From: eck@panix.com (Mark Eckenwiler)
- Newsgroups: misc.legal
- Subject: Re: George Bush pardons criminals
- Message-ID: <1992Dec31.160750.19838@panix.com>
- Date: 31 Dec 92 16:07:50 GMT
- References: <bhayden.725731091@teal> <1992Dec30.213641.12543@panix.com> <1992Dec31.002807.11313@newsgate.sps.mot.com>
- Organization: Superseding Information, Inc.
- Lines: 26
-
- In <1992Dec31.002807.11313@newsgate.sps.mot.com>, titmas@chdasic.sps.mot.com sez:
- >
- >But there were witnesses whose recollection and testimony changed because
- >of North's forced testimony. Specifically, McFarland's story changed after
- >hearing North
-
- So what? McFarlane's alleged reliance on that testimony does *not*
- impugn the verdict at all.
-
- This situation is analogous to a standard 4th amendment violation, the
- use of improperly seized evidence at trial. Convictions are on
- occasion overturned (properly, in my view) because the
- gun/knife/bloody shirt was obtained through an illegal search or
- seizure. This legal principle offers no support for the proposition
- that the defendant in such a case is not factually guilty; it means
- only that the constitution does not permit him to be convicted through
- the use of the suppressed evidence, no matter how reliable or
- probative it may be.
-
- Try again, O defender of felons.
-
-
- --
- They told me you had gone totally insane, and that your methods were unsound.
-
- Mark Eckenwiler eck@panix.com ...!cmcl2!panix!eck
-