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Conspiracies & Cover-ups
Patriot Act type legislation
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<blockquote data-quote="Judge Bean" data-source="post: 16033" data-attributes="member: 42"><p><strong>Re: Patriot Act type legislation</strong></p><p></p><p><div class='quotetop'>QUOTE(\"Darkwolf\")</div></p><p> </p><p><em>"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury... to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."</em></p><p> </p><p>Sixth Amendment</p><p> </p><p>In Padilla's case, a competent defense attorney would consider discharging any juror able to pass a government security clearance. You cannot convict a person with secret evidence or by means of a jury that "passes" a prosecutor's special requirements. </p><p> </p><p>Evidence that would prejudice the defendant or subject the victim of a crime to humiliation or further danger can be sealed; evidence that the prosecutor wants to use to convict someone must be subjected to review and further scrutiny outside the control of the prosecution.</p><p> </p><p>The use of secret evidence to convict persons is one of the things the Framers of the Constitution were quite sensitive about, given that it was one of the techniques used by the crown to condemn persons it considered a political threat.</p><p> </p><p>I personally believe that there is little difference between stupid or worthless evidence and secret evidence; secret or occult evidence might as well be bad evidence, as shown in the Salem Witch Trials.</p></blockquote><p></p>
[QUOTE="Judge Bean, post: 16033, member: 42"] [b]Re: Patriot Act type legislation[/b] <div class='quotetop'>QUOTE(\"Darkwolf\")</div> [i]"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury... to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."[/i] Sixth Amendment In Padilla's case, a competent defense attorney would consider discharging any juror able to pass a government security clearance. You cannot convict a person with secret evidence or by means of a jury that "passes" a prosecutor's special requirements. Evidence that would prejudice the defendant or subject the victim of a crime to humiliation or further danger can be sealed; evidence that the prosecutor wants to use to convict someone must be subjected to review and further scrutiny outside the control of the prosecution. The use of secret evidence to convict persons is one of the things the Framers of the Constitution were quite sensitive about, given that it was one of the techniques used by the crown to condemn persons it considered a political threat. I personally believe that there is little difference between stupid or worthless evidence and secret evidence; secret or occult evidence might as well be bad evidence, as shown in the Salem Witch Trials. [/QUOTE]
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