Forced disclosures, document seizures, Right and Wrong.

Trei, Peter ptrei at rsasecurity.com
Fri Aug 3 10:40:20 PDT 2001



> Black Unicorn[SMTP:unicorn at schloss.li] wrote
> 
> From: "Nomen Nescio" <nobody at dizum.com>
> 
> > Black Unicorn wrote:
> > > A legal education is the ultimate dose of practical cynicism.  It
> > > quickly becomes apparent not that the law isn't perfect, but that it
> > > is often pretty damn screwed up.  American jurisprudence is about
> > > _fairness of process_, not justice, or right, or wrong.
> >
> > Come now, surely justice, right, and wrong are lurking in there
> > somewhere?
> 
> Frustratingly, not in my experience.  Sure, the good guy (whoever you
> define
> that to be) wins occasionally, but, as one supreme court justice put it,
> while
> declining to free a clearly innocent convicted murderer because there was
> no
> material error at trial: "The Constitution doesn't guarantee a correct
> verdict, the Constitution guarantees due process."
> 
	[...]

This sounds an awful lot like an institutional version of the Nuremburg 
Defence" <klink>"Ve vere only followink orders" </klink> If a Supreme
knows that the system is f*cked up enough that he can't free an
innocent man, there are two things he should do:

1. Call the President and request a pardon.
2. Call Congress and get the process changed so this doesn't happen
    again.

There is no 'due process' if the system knowingly jails innocents.
If they don't do this, they can't call themselves a 'Justice'.

Heck - I'd consider the title 'human being' also in dispute.

Peter Trei







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