Ever seen that episode of Law and Order where the cops do an unlawful search and a judge throws out the evidence and the prosecutors have to find a different way to prosecute the guilty defendant? Of course you have, because that's every episode. Every episode of L&O, L&O SVU, L&O C.I. and dozens of other shows and movies where Mr. Movie Narrator Voice says "He got off on a technicality, now she wants revenge." Well now Hollywood screenwriters are going to have to buck up their ideas because by a 5:4 decision in the case of Herring v United States the rules of evidence have been changed. The old rule laid down by the Warren Court in Mapp v Ohio 367 U.S. 643 (1961) included the famous "fruit of the poison tree" analogy where CJ Warren said that evidence obtained illegally should not be heard in court because it was the good fruit of a "poisoned tree." The purpose behind the law of course was to deter police corruption and assure defendants of a fair trial....
Apparently CJ Roberts has been jonesing to change this law since 1983 when he was a pencil pusher in the Reagan administration. And now writing for the majority in Herring Roberts has said that evidence 'accidentally' obtained illegally can be used in court, even evidence obtained illegally with a degree of negligence.
...
Yes of course it's a boon for corrupt and lazy coppers but think of the poor screenwriters - it's a disaster for them. Are they still making Law and Order? If so, mark my words: it's toast.
25 comments:
wrong type of herring in the photo - couldnt resist. sorry.
I've just balled up the script I was working on. Law & Order PSNI could have been great, only for this. I hope you're happy!
gb
"I just cant live by your rules man!" says the copper to the DA.
"Oh thats ok you dont have to," the DA cheerfully replies.
Doesnt quite work does it Ger?
BTW if you ever want anymore Brooklyn Tony jokes you know where to go.
Hah! Not quite right, no.
I'll bear the kind joke offer in mind.
gb
This is a bit worrying from a legal perspective. But hey, it might force screenwriters to come up with some new ideas, so maybe it all balances out.
Brian
Let me make a prediction: the Miranda warning we've all come to know and love from a million police procedurals isnt going to survive the Roberts Court.
Adrian -
It's scary to think that I've probably learned just as much criminal law from watching movies as I did when I took the class in law school.
Having just spent yesterday in a courtroom, watching a friend give evidence concerning a heinous crime, and having seen how much error and incompetence went on in just that single instance, words fail me. I do not actually understand how a judge or jury would ever determine how purposeful any supposed error was. It certainly can't be a good idea to reward laziness, corruption and incompetence.
Nice herrings, though.
And I really am not too concerned about the resourcefulness of those Law and Order scriptwriters. Or any more concerned than I ever was, anyway.
Yesterday I went to a panel discussion of non-fiction crime writers. In the Q&A someone asked if they were ever worried for their personal safety as they all wrote investigative stuff about some pretty nasty people.
One of the writers said, "The only time I ever felt threatened or scared was by the police."
All the others agreed with him, that was the only time they ever felt threatened - when they wrote about the police.
Now, this won't mean any less material for me.....
Seana
To tell the truth, I'm not that worried about them either.
So many people go to court as either juries or witnesses or (as in my case) trainee lawyers and come away utterly disillusioned.
Brian
I thought you were going to say I've learned as much criminal law from your blog as I learned in law school - I was about to get a glow of pride there.
John
"panel discussion"
well aren't you fancy?
I bet thy went in car too. When ah were a lad ah used to dream of panel discussion at fancy doo in Toronto, etc.
Fancy? You don't know the half of it, it was here.
(now I don't want to admit I was there to carry boxes of books and put away the chairs when it was over...)
Then don't admit it, John. Tell us that it's your second home, and we'll believe you.
If you ever turn to Agatha Christie style mysteries, this looks like a good setting.
Legal system-wise, my personal disillusionment set in a few milestones back now. Yesterday set some sort of new bar, though.
Adrian -
Don't fret. I've probably learned just as much crim law reading your blog as I did in class too. At that point in my law school career, it was more a matter of cramming for exams, info-dumping when taking the test, and forgetting everything I'd learned...until I had to look at it all again for the bar.
Justice Alito as a replacement for Sandra Day O'Connor should have been filibustered. Alito and Roberts and Thomas will probably see out the next two Presidents.
Well, you are bringing me down, but I do have Dahlia Lithwick as an antidote.
She's my hero, anyway, and as you may have gathered, lawyers are not currently at the top of my esteem scale. Except for Brian, of course.
One of the writers said, "The only time I ever felt threatened or scared was by the police."
Thankfully at least we don't have to worry about masked freaks anymore.
The Keene Act
Marco
Their evil plan has worked. I'm probably going to see this movie now but I'll probably like it as much as I liked 300 which wasnt very much.
I walked out of Valkyrie yesterday. Too many zero chemistry love scenes between Cruise and spouse for me. I've liked some of Cruise's recent films, War of the Worlds comes to mind, but I dont buy him as a romantic lead a lot of the time. Eyes Wide Shut was an exception - I thought he played that weird and confused and conflicted which was just right.
Seana
That was an excellent piece. But she leaves out one detail. This is a short term problem. About 55% of all law students now are women, the number of women partners and judges is growing. It is inevitable that by say 2030 the SC will be majority female, I just hope Scalia's still alive and on the court - it will drive him nuts.
Seana -
You're much too kind ;) Remind me to never tell you the story of the one small claims case I tried...
Watchmen
I must admit that, while I probably want see it, the various extras, videos, fake sites etc. look good.
Adrian, I hope Scalia is still alive and not on the court. That will drive him even crazier. Plus, be better for all the rest of us in the bargain.
Brian, you know we're going to get that small claims court case out of you, so you might as well just spill it. I mean, how bad can it be, really? Have you seen some of these guys 'Sixteen Things' memes? At least I trust you didn't almost rob a bank, or leave a room with blood-spattered walls. Right?
The U.S. seems to have gone a bit crazy the past couple of decades. I rejoice not so much that Obama may get to nominate the next few Supreme Court justices as that Republicans will not. The vetting of prospective federal jusges seems to have advanced in recent decades to the point where there seemed less chance of a surprise like Souter slipping through.
Roberts and Alito seem smart but scary. And Scalia? I can't think of any public figure who deserves to be slapped more than he does.
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Detectives Beyond Borders
“Because Murder Is More Fun Away From Home”
http://detectivesbeyondborders.blogspot.com/
Peter
I just wish they could get rid of Thomas who is a national (and international probably) embarrassment.
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