conservative/traditional principles in criminal procedure

Posted on: May 22, 2018 at 15:28:25 CT

promote government overreach. it's how it becomes nbd to have an informant involved in a presidential campaign. obviously, massively different scales, but it's the same principle involved in both.

traditionally the more common case (as compared to a presidential campaign or a stop recorded and posted on social media) for public consumption is a drugs case where there's a suppression hearing. small overreaches are routinely forgiven when the judge balances the scales knowing the defendant in that particular case was in possession. then what? the defendant risks a trial to preserve the suppression issue for appeal? plead guilty and address the suppression in post-conviction relief? both are extremely risky in their own way.